Reimbursement of Prepayment Costs. If (a) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; or (d) if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or Loan. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (i) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(s) provided under this Agreement, over (ii) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 5 contracts
Samples: Credit Agreement (Callon Petroleum Co), Credit Agreement (Callon Petroleum Co), Credit Agreement (Callon Petroleum Co)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails Borrowers fail to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails Borrowers fail to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower Borrowers shall jointly and severally reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers (jointly and severally) and to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrower Representative, Agent and the Lenders shall deliver to the Borrower Representative a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 4 contracts
Samples: Joinder Agreement (Sterling Construction Co Inc), Credit Agreement (Sterling Construction Co Inc), Credit Agreement (Sterling Construction Co Inc)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrower, the Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 4 contracts
Samples: Joinder Agreement (Inogen Inc), Agreement (Inogen Inc), Revolving Credit and Term Loan Agreement (Neophotonics Corp)
Reimbursement of Prepayment Costs. If (a) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing LIBOR-based Advance (or Quoted Rate Loan converts or refunds, or attempts to convert or refund any such Advance) on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the if Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan LIBOR-based Advance after notice has been given by the Borrower to the Administrative Agent Bank in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing or Quoted Rate Loan LIBOR-based Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or Bank on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, Bank as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, Bank shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any LenderBank may include, as the case may bewithout limitation, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may beBank) which would have accrued to the Administrative Agent and the Lenders, as the case may be, Bank on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, LIBOR-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and Upon the Lenders written request of Borrower, Bank shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 4 contracts
Samples: Credit Agreement (National Beverage Corp), Joinder Agreement (National Beverage Corp), Credit Agreement (National Beverage Corp)
Reimbursement of Prepayment Costs. If (a) the Company or any Permitted Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower , or converts or refunds (or attempts to convert or refund) any such Borrowing Advance; or Loan on if Company or any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Permitted Borrower fails to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Company or such Permitted Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; if Company or (d) if the any Permitted Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 3 contracts
Samples: Credit Agreement (Credit Acceptance Corporation), Credit Agreement (Credit Acceptance Corporation), Credit Agreement (Credit Acceptance Corporation)
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) , or if the Borrower Company converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) or if the Borrower Company fails to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 3 contracts
Samples: Security Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Credit Agreement (Starcraft Corp /In/)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or Loan. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (RSP Permian, Inc.), Credit Agreement (RSP Permian, Inc.)
Reimbursement of Prepayment Costs. If (a) the any Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the , or if any Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the or if any Borrower fails to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the such Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the any Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the applicable Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the applicable Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal may include, without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (Vishay Intertechnology Inc), Credit Agreement (Vishay Intertechnology Inc)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrower, the Agent and the Lenders shall deliver to the Borrower a certificate setting forth in reasonable detail the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Glaukos Corporation (GLAUKOS Corp), Glaukos Corporation (GLAUKOS Corp)
Reimbursement of Prepayment Costs. If (a) the any Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the , or if any Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the or if any Borrower fails to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the such Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the any Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the applicable Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the such Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal may include, without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrowers, Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Plastipak Holdings Inc), Credit Agreement (Plastipak Holdings Inc)
Reimbursement of Prepayment Costs. If (a) the any Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the , or if any Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the or if any Borrower fails to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the such Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the any Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the applicable Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the such Borrower to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, shall be deemed to equal may include, without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrowers, Agent and the Lenders Banks shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Reimbursement of Prepayment Costs. If (ai) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails Borrowers fail to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice 104 has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the any Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrowers, Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Joinder Agreement (PMFG, Inc.), Credit and Term Loan Agreement (Peerless Manufacturing Co)
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower if Company fails to borrow, refund or convert borrow any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower then Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten (10) Business Days of written be on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, be shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, be on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, be in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Security Agreement (Aqua Chem Inc), Revolving Credit Agreement (Alrenco Inc)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when duedue (other than at the end of the applicable Interest Period), the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrower, Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Credit and Term Loan Agreement (Quinstreet, Inc), Security Agreement (Quinstreet, Inc)
Reimbursement of Prepayment Costs. If (a) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the , or if Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the or if Borrower fails to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal may include, without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrower, Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (Noble International, Ltd.), Credit Agreement (Noble International, Ltd.)
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower , or converts or refunds (or attempts to convert or refund) any such Borrowing Advance; or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower if Company fails to borrow, refund or convert into any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency Eurodollar market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (Credit Acceptance Corporation), Credit Agreement (Credit Acceptance Corporation)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan CDOR-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.6(5)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan CDOR-based Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan CDOR-based Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period or Contract Period; , as applicable, provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanCDOR-based Advance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrower, the Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Dragonwave Inc), Revolving Credit Agreement (Dragonwave Inc)
Reimbursement of Prepayment Costs. If (a) the Borrower makes any payment of principal with respect to any Eurodollar Term Benchmark Borrowing or Quoted Rate Loan on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the Borrower fails to borrow, refund or convert any Eurodollar Term Benchmark Borrowing or Quoted Rate Loan after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; or (d) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Term Benchmark Borrowing or Quoted Rate Loan when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or Loan. The amount payable hereunder With respect to RFR Loans, in the event of (w) the payment of any principal of any RFR Loan other than on the Interest Payment Date applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise), (y) the failure to borrow or prepay any RFR Loan on the date specified in any notice delivered pursuant hereto or (z) the assignment of any RFR Loan other than on the Interest Payment Date applicable thereto as a result of a request by the Borrower pursuant to Section 5.05, then the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the excess, if any, loss of (iany Applicable Margin) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(s) provided under this Agreement, over (ii) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on as a result thereof, including, without limitation, any such amount by placing loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency marketBorrowing or Loan. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (Civitas Resources, Inc.), Credit Agreement (Civitas Resources, Inc.)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrower, the Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (Accolade, Inc.), Credit Agreement (Accolade, Inc.)
Reimbursement of Prepayment Costs. If (a) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance (or Quoted Rate Loan converts or refunds, or attempts to convert or refund any such Advance) on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the if Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance after notice has been given by the Borrower to the Administrative Agent Bank in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or Bank on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, Bank as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, Bank shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any LenderBank may include, as the case may bewithout limitation, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may beBank) which would have accrued to the Administrative Agent and the Lenders, as the case may be, Bank on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurocurrency-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and Upon the Lenders written request of Borrower, Bank shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (National Beverage Corp), Credit Agreement (National Beverage Corp)
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) , or if the Borrower Company converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) or if the Borrower Company fails to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Upon the written request of Company, Administrative Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (Aspect Communications Corp), Security Agreement (Aspect Communications Corp)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrower, Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest demonstrable error.
Appears in 2 contracts
Samples: Assignment Agreement (Universal Truckload Services, Inc.), Credit and Term Loan Agreement (LINC Logistics Co)
Reimbursement of Prepayment Costs. If (a) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; or (d) if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, 57 liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or Loan. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (i) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(s) provided under this Agreement, over (ii) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Eurocurrency-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Eurocurrency-based Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Eurocurrency-based Advance when duedue (other than at the end of the applicable Interest Period), the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or Loan. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (i) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(s) provided under this Agreement, over (ii) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency marketAdvance. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanEurocurrency-based Advance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrower, Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.”
Appears in 1 contract
Samples: Revolving Credit Agreement (Rackspace Hosting, Inc.)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to Borrowers convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails Borrowers fail to borrow, refund borrow or convert any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the any Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor therefore for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate LoanEurodollar-based Advance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrowers, Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower makes any payment of principal with respect to any Eurodollar Term Benchmark Revolving Credit Borrowing or Quoted Rate Loan on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower fails to borrow, refund or convert any Eurodollar Term Benchmark Revolving Credit Borrowing or Quoted Rate Loan after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; or (d) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Term Benchmark Revolving Credit Borrowing or Quoted Rate Loan when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or Loan. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (i) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sLoan(s) provided under this Agreement, over (ii) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Term Benchmark Revolving Credit Borrowing or Quoted Rate Loan, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (PDC Energy, Inc.)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrower, the Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Joinder Agreement (2U, Inc.)
Reimbursement of Prepayment Costs. If (a) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts if Borrowers fail to convert or refund) borrow any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower fails Borrowers fail to make any payment of principal or interest in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance when due, the Borrower then Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten be not later than five (105) Business Days of written after demand therefor for any resulting loss, cost or expense incurred (excluding the any loss of any Applicable the Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, be shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued (without taking into account the Margin) on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, be on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurocurrency-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrowers, Agent and the Lenders Banks shall promptly deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Commercial Vehicle Group, Inc.)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan LIBOR-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan LIBOR-based Advance after notice has been given by the Borrower to the Administrative Agent Bank in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan LIBOR-based Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, Bank within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, Bank as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, Bank shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, Bank shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may beBank) which would have accrued to the Administrative Agent and the Lenders, as the case may be, Bank on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, LIBOR-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and Upon the Lenders written request of the Borrower, the Bank shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Security Agreement (Digirad Corp)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance that is subject to a Eurodollar-Interest Period on any day other than the last day of the Eurodollar-Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Eurodollar-Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (ciii) the Borrower fails Borrowers fail to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails Borrowers fail to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Eurodollar-Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sEurodollar-based Advance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Eurodollar-Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurodollar-based 80- Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrowers, Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing or Eurodollar-based Advance Quoted Rate Advance or any portion of the Term Loan with respect to which the Applicable Interest Rate is the Eurodollar-based Rate on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower if Company fails to borrow, refund or convert borrow any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Advance, any portion of the Term Loan with respect to which the Applicable Interest Rate is the Eurodollar-based Rate when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten (10) Business Days of written be on demand therefor for any resulting loss, cost or expense actually incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing Advance or portion of the Term Loan. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(sAdvance(s) or Loans(s) portion of the Term Loan provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, be on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing Advance or portion of the Term Loan through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing Advance or portion of the Term Loan and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing or Eurodollar-based Advance, Quoted Rate LoanAdvance or, as any portion of the case may beTerm Loan with respect to which the Applicable Interest Rate is the Eurodollar-based Rate, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance (or converts or refunds, or attempts to convert or refund any such Advance) on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower if Company fails to borrow, refund or convert any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand each Bank, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, shall be deemed to equal may include, without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender Bank (including Swing Line Bank) under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan, as the case may be, Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) , or if the Borrower Company converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) or if the Borrower Company fails to borrow, refund or convert into any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurocurrency-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively rebuttably presumed correct, absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Olympic Steel Inc)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails Borrowers fail to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the any Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrowers, the Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Revolving Credit Agreement (Bridgepoint Education Inc)
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance (or converts or refunds, or attempts to convert or refund any such Advance) on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower if Company fails to borrow, refund or convert any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand each Bank, as the case may be, within ten (10) Business Days of written be on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, be shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, be on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender Bank (including Swing Line Bank) under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; providedPROVIDED, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan, as the case may be, Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) , or if the Borrower Company converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) or if the Borrower Company fails to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or 57 convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersXxxxx, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Security Agreement (Quanex Corp)
Reimbursement of Prepayment Costs. If (a) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds if Borrowers convert or refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the Borrower fails or if Borrowers fail to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower fails Borrowers fail to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan, as the case may be, Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrowers, Agent and the Lenders Banks shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Company or any Permitted Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower , or converts or refunds (or attempts to convert or refund) any such Borrowing Advance; or Loan on if Company or any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Permitted Borrower fails to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Company or such Permitted Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; if Company or (d) if the any Permitted Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative 133 144 Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing SOFR-based Advance (or Quoted Rate Loan converts or refunds, or attempts to convert or refund any such Advance) on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the if Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan SOFR-based Advance after notice has been given by the Borrower to the Administrative Agent Bank in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing or Quoted Rate Loan SOFR-based Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or Bank on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, Bank as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, Bank shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any LenderBank may include, as the case may bewithout limitation, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may beBank) which would have accrued to the Administrative Agent and the Lenders, as the case may be, Bank on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, SOFR-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and Upon the Lenders written request of Borrower, Bank shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Company or any Permitted Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the , or if Company or any Permitted Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the or if Company or any Permitted Borrower fails to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Company or such Permitted Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; if Company or (d) if the any Permitted Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, Company and the applicable Permitted Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal may include, without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (ai) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails Borrowers fail to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the any Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, reasonable and invoiced out-of-pocket cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrowers, the Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Archaea Energy Inc.)
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance (or Quoted Rate Loan converts or refunds, or attempts to convert or refund any such Advance) on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower if Company fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand each Bank, as the case may be, within ten (10) Business Days of written be on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, be shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, be on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurocurrency-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Revolving Credit Agreement (Valassis Communications Inc)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance when duedue (other than at the end of the applicable Interest Period), the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or Loan. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (i) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(s) provided under this Agreement, over (ii) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency marketAdvance. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate LoanEurodollar-based Advance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrower, Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment prepayment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds continues (or attempts to convert or refundcontinue) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, continue, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder under this Section by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded refunded, continued or converted, for the period from the date of such prepayment or of such failure to borrow, continue, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this AgreementAgreement (excluding, however, the Applicable Margin included therein, if any), over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Upon the written request of Borrower, Administrative Agent and the Lenders shall deliver to the Borrower a certificate setting forth in reasonable detail the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.. Second Amended and Restated Credit Agreement
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing or Eurodollar-based Advance, Quoted Rate Advance or portion of the Term Loan which bears interest at the Eurodollar-based Rate on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower if Company fails to borrow, refund or convert into any Eurodollar Borrowing or Eurodollar-based Advance, Quoted Rate Advance or portion of the Term Loan which bears interest at the Eurodollar-based Rate after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or if Company fails to borrow any Eurodollar-based Advance, Quoted Rate Advance or portion of the Term Loan which bears interest at the Eurodollar-based Rate after notice has been given by Company to Agent in accordance with the terms hereof requesting such Advance or advance of the Term Loan; , or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing or Eurodollar-based Advance, Quoted Rate Advance or portion of the Term Loan which bears interest at the Eurodollar-based Rate when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten (10) Business Days of written be on demand therefor for any resulting loss, cost or expense actually incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing Advance or advance of the Term Loan. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(sAdvance(s) or Loans(s) portion of the Term Loan which bears interest at the Eurodollar-based Rate provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, be on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing Advance, or portion of the Term Loan which bears interest at the Eurodollar-based Rate through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing Advance or portion of the Term Loan which bears interest at the Eurodollar-based Rate and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing or Eurodollar-based Advance, Quoted Rate Loan, as Advance or portion of the case may beTerm Loan which bears interest at the Eurodollar-based Rate, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Mce Companies Inc)
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower if Company fails to borrow, refund or convert borrow any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten (10) Business Days of written be on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, be shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, be on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, be in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower if Company fails to borrow, refund or convert borrow any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten (10) Business Days of written be on demand therefor for any resulting loss, cost or expense actually incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, be on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan, as the case may beAdvance, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. [. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, reasonable and invoiced out-of-pocket cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrower, the Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.]. In the event of (a) the payment of any principal of any Advance other than a Base Rate Advance other than on the last day of the Interest Period applicable thereto (including as a result of an Event of Default), (b) the conversion of any Advance other than a Base Rate Advance other than on the last day of the Interest Period applicable thereto (including as a result of an Event of Default), (c) the failure to borrow, convert, continue or prepay any Advance other than a Base Rate Advance on the date specified in any notice delivered pursuant hereto, or (d) the assignment of any BSBY Rate Advance or Quoted Rate Advance other than on the last day of the Interest Period applicable thereto as a result of a request by the Borrower pursuant to Section 13.12) then, in any such event, the Borrower shall compensate each Lender for any funding or other loss, cost or expense incurred as a result of such event, including any funding or other loss, cost or expense arising from the liquidation or redeployment of funds (but excluding the loss of any Applicable Margin). A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section and the basis for determining such losses, costs or expenses shall be delivered to the Borrower and shall be conclusive absent manifest error. The Borrower shall pay such Lender the amount shown as due on any such certificate within 10 Business Days after receipt thereof.
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Montauk Renewables, Inc.)
Reimbursement of Prepayment Costs. If (ai) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); , (bii) the Borrower Company converts or refunds (or attempts to convert or refund) any such Borrowing Advance; (iii) Company fails to borrow, refund or Loan convert into any Eurodollar-based Advance or Quoted Rate Advance after notice has been given by Company to Agent in accordance with the terms hereof requesting such Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); , or if (civ) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, be shall be deemed equal to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (ai) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails Borrowers fail to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the any Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurodollar-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrowers, Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Obagi Medical Products, Inc.)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Detroit_3013288_18 Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrower, the Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Joinder Agreement (Rocket Fuel Inc.)
Reimbursement of Prepayment Costs. If (a) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) , or if the Borrower converts Borrowers convert or refunds refund (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) or if the Borrower fails Borrowers fail to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower fails Borrowers fail to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrowers, Agent and the Lenders Banks shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment prepayment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan SOFR Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds continues (or attempts to convert or refundcontinue) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (ciii) the Borrower fails to borrow, continue, refund or convert any Eurodollar Borrowing or Quoted Rate Loan SOFR Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan SOFR Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder under MRC Energy Company Credit Agreement 118 this Section by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded refunded, continued or converted, for the period from the date of such prepayment or of such failure to borrow, continue, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this AgreementAgreement (excluding, however, the Applicable Margin included therein, if any), over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, SOFR Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Upon the written request of Xxxxxxxx, Administrative Agent and the Lenders shall deliver to the Borrower a certificate setting forth in reasonable detail the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (ai) the a Borrower makes any payment of principal with respect to any Eurodollar Borrowing or Eurodollar-based Advance, Quoted Rate Loan Advance or BA-based Rate Advance on any day other than the last day of the Interest Period or Contract Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the a Borrower converts or refunds (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period or Contract Period applicable thereto (except as described in Section 2.08(e)2.5(e) and 2.A.5(e); (ciii) the a Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Eurodollar-based Advance, Quoted Rate Loan Advance or BA-based Rate Advance after notice has been given by the such Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the any Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Eurodollar-based Advance, Quoted Rate Loan Advance, BA-based Rate Advance when due, the Borrower all Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period or Contract Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the US Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period or Contract Period, as applicable; provided, however, that any Lender may fund any Eurodollar Borrowing or Eurodollar-based Advance, Quoted Rate LoanAdvance, or BA-based Rate Advance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrowers, the Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment prepayment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds continues (or attempts to convert or refundcontinue) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (ciii) the Borrower fails to borrow, continue, refund or convert any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) if the Borrower fails to make any payment of MRC Energy Company Credit Agreement principal in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder under this Section by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded refunded, continued or converted, for the period from the date of such prepayment or of such failure to borrow, continue, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this AgreementAgreement (excluding, however, the Applicable Margin included therein, if any), over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurodollar-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Upon the written request of Borrower, Administrative Agent and the Lenders shall deliver to the Borrower a certificate setting forth in reasonable detail the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (ai) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (ciii) the Borrower fails Borrowers fail to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the any Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurodollar-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrowers, Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Intellectual Property Security Agreement (Obagi Medical Products, Inc.)
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) , or if the Borrower Company converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) or if the Borrower Company fails to borrow, refund or convert into any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, 84 including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurocurrency-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively rebuttably presumed correct, absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Olympic Steel Inc)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails Borrowers fail to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the any Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrowers, Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Multimedia Games Holding Company, Inc.)
Reimbursement of Prepayment Costs. If (ai) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); , (bii) the Borrower Company converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower Company fails to borrow, refund or convert into any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or if (div) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, be shall be deemed equal to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower makes any payment of principal with respect to any Eurodollar Term Benchmark Borrowing or Quoted Rate Loan on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower fails to borrow, refund or convert any Eurodollar Term Benchmark Borrowing or Quoted Rate Loan after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; or (d) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Term Benchmark Borrowing or Quoted Rate Loan when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or Loan. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (i) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sLoan(s) provided under this Agreement, over (ii) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Term Benchmark Borrowing or Quoted Rate Loan, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (PDC Energy, Inc.)
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower , or converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the applicable Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower Period, or if Company fails to borrow, or refund or convert to, any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; or (d) if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan when dueAdvance, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten (10) Business Days of written be on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, be shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, be on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, be in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to 91 any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when duedue (other than at the end of the applicable Interest Period), the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrower, Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon any demand by Agent or a Lender for payment under this Section 11.1, Agent and the Lenders shall deliver to the Borrower a certificate prepared in good faith, setting forth in reasonable detail, the amount of, and the basis for determining determining, such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (ai) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); , (bii) the Borrower Company converts or refunds (or attempts to convert or refund) any such Borrowing Advance; (iii) Company fails to borrow, refund or Loan convert into any Eurodollar-based Advance or Quoted Rate Advance after notice has been given by Company to Agent in accordance with the terms hereof requesting such Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); , or if (civ) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, be shall be deemed equal to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error. .
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower makes any payment of principal with respect to any Eurodollar Term Benchmark Borrowing or Quoted Rate Loan on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the Borrower fails to borrow, refund or convert any Eurodollar Term Benchmark Borrowing or Quoted Rate Loan after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; or (d) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Term Benchmark Borrowing or Quoted Rate Loan when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or Loan. The amount payable hereunder With respect to RFR Loans, in the event of (w) the payment of any principal of any RFR Loan other than on the Interest Payment Date applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise), (y) the failure to borrow or prepay any RFR Loan on the date specified in any notice delivered pursuant hereto or (z) the assignment of any RFR Loan other than on the Interest Payment Date applicable thereto as a result of a request by the Borrower pursuant to Section 5.05, then the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excesswithin ten (10) Business Days of written demand therefor for any resulting loss, if any, of (i) the amount of interest which would have accrued on the amount so prepaid, cost or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(s) provided under this Agreement, over (ii) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.expense
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance is made on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwiseotherwise but subject to the provisions of Section 2.13(e) hereof); (b) the , or if a Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the or if a Borrower fails to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the such Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the a Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the such Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the such Borrower to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, shall be deemed to equal may include, without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of any Borrower, Agent and the Lenders Banks shall deliver to the such Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance (or converts or refunds, or attempts to convert or refund any such Advance) on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower if Company fails to borrow, refund or convert any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand each Bank, as the case may be, within ten (10) Business Days of written be on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, be shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, be on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender Bank (including the Swing Line Bank) under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, be in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Jpe Inc)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes make any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts Borrowers convert or refunds refund (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails Borrowers fail to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Administrative Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails Borrowers fail to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Upon the written request of the Administrative Borrower, the Administrative Agent and the Lenders shall deliver to the Administrative Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Revolving and Term Loan Credit Agreement (American Midstream Partners, LP)
Reimbursement of Prepayment Costs. If (a) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; or (d) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or Loan. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (i) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(s) provided under this Agreement, over (ii) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the any Borrower makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the , or if any Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the or if any Borrower fails to borrow, refund or convert into any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance after notice has been given by the such Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the any Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance when due, the applicable Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the such Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal may include, without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurocurrency-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrowers, Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Revolving Credit Agreement (Capital Automotive Reit)
Reimbursement of Prepayment Costs. If (a) the Company or any Permitted Borrower makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the , or if Company or any Permitted Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the or if Company or any Permitted Borrower fails to borrow, refund or convert into any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance after notice has been given by the Company or such Permitted Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; if Company or (d) if the any Permitted Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance when due, Company and the applicable Permitted Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal may include, without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurocurrency-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Term Revolving Credit Agreement (Vishay Intertechnology Inc)
Reimbursement of Prepayment Costs. If (a) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) , or if the Borrower converts Borrowers convert or refunds refund (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) or if the Borrower fails Borrowers fail to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower fails Borrowers fail to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrowers, Agent and the Lenders Banks shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Staktek Holdings Inc)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails Borrowers fail to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the any Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrowers, Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest errorprima facie evidence of such amounts.
Appears in 1 contract
Samples: Credit Agreement (National Technical Systems Inc /Ca/)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurodollar-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrower, Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Englobal Corp)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, reasonable and invoiced out-of-pocket cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrower, the Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (ai) the Borrower makes US Borrowers make any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts US Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails US Borrowers fail to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower US Borrowers to the Administrative US Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the any US Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower US Borrowers shall reimburse the Administrative US Agent for itself and/or on behalf of any US Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative US Agent and US Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative US Agent and US Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower US Borrowers to the Administrative US Agent for itself and/or on behalf of any US Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative US Agent and the US Lenders, as the case may be) which would have accrued to the Administrative US Agent and the US Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any US Lender under this paragraph shall be made as though such US Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any US Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the US Borrowers, the US Agent and the US Lenders shall deliver to the Borrower US Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If Company or any of the Designated Borrowers (a) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); , or (b) the Borrower converts or refunds (or attempts to convert or refund) ), any such Borrowing Advance, or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance after notice has been given by the Company or such Designated Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; Advance, or (d) if the Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance when due, then Company and the applicable Designated Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten (10) Business Days of written be on demand therefor for any resulting loss, cost or expense incurred (excluding by Agent or any of the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenderssuch Banks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance, but excluding loss of the Applicable Margin. The Such amount payable hereunder by Company and the applicable Designated Borrower to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, shall be deemed to equal may include, without limitation, an amount equal to the excess, if any, of (i) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this AgreementAgreement (excluding the Applicable Margin, if any), over (ii) the amount of interest (as reasonably determined by the Administrative Agent and or any of the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the Lendersor such Bank(s), as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though each such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurocurrency-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders applicable Bank(s) shall deliver to the Borrower Company a certificate setting forth in reasonable detail the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correctrebuttably presumptive evidence thereof, absent manifest demonstrable error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower , or converts or refunds (or attempts to convert or refund) any such Borrowing Advance; or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower if Company fails to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the Borrower Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (i)In the Borrowers make anyevent of (a) the Borrower makes any payment of any principal with respect to toof any Eurodollar Borrowing Eurodollar-basedTerm SOFR Advance or Quoted Rate Loan Advance on any day other than on the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwiseotherwiseincluding as a result of an Event of Default); ;, (biib) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) refund)conversion of any such Borrowing or Loan suchTerm SOFR Advance on any day dayor Quoted Rate Advance other than on the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(eincluding as a result of an Event of Default)); ;, (ciiic) the Borrower fails Borrowers fail to borrow, refund orfailure to borrow, convert, continue or convert prepay any Eurodollar Borrowing Eurodollar-basedTerm SOFR Advance or Quoted Rate Loan after Advance afteron the date specified in any notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; Advance;delivered pursuant hereto, or (divd) or if the assignment of any Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-basedTerm SOFR Advance or Quoted Rate Loan Advance when duedueother than on the last day of the Interest Period applicable thereto as a result of a request by the Borrower pursuant to Section 13.12) then, in any such event, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor thereforcompensate each Lender for any resulting resultingfunding or other loss, cost or xxxxx expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereofthereofattributable to such event, including, without limitation, any such loss, reasonable and invoiced out-of-pocket cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if ifarising from the liquidation or redeployment of funds. A certificate of any Lender setting forth any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any anyor amounts payable to any anythat such Lender under underis entitled to receive pursuant to this paragraph paragraphSection shall be made as though such Lender shall have actually funded or committed 143 committeddelivered to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. Upon the written request of theBorrowers’ Representative and shall be conclusive absent manifest error. The Administrative Borrowers, the Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which whichpay such Lender the amount shown as due on any such certificate shall be conclusively presumed correct, absent manifest errorerror.within 10 days after receipt thereof.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Archaea Energy Inc.)
Reimbursement of Prepayment Costs. If (a) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or Loan; or (d) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or Loan. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (i) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(s) provided under this Agreement, over (ii) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (PDC Energy, Inc.)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (ciii) the Borrower Borrowers fails to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance after notice has been given by the Borrower Parent to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails Borrowers fail to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or Loan. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (i) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(s) provided under this Agreement, over (ii) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency marketAdvance. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurodollar-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Parent, Agent and the Lenders shall deliver to the Borrower Parent a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower if Company fails to borrow, refund or convert borrow any Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurocurrency-based Advance when due, the Borrower then Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten (10) Business Days of written be on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, be shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, be on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurocurrency-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed deemed correct, absent manifest error.
Appears in 1 contract
Samples: Revolving Credit Agreement (Meadowbrook Insurance Group Inc)
Reimbursement of Prepayment Costs. If (ai) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails Borrowers fail to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails Borrowers fail to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrowers, the Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Bazaarvoice Inc)
Reimbursement of Prepayment Costs. If (a) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (c) the Borrower fails Borrowers fail to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (d) or if the any Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) 10 Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (i) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (ii) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurodollar-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrowers, the Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the Borrower makes Borrowers make any payment of principal with respect to any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts Borrowers convert or refunds refund (or attempts attempt to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the Borrower fails Borrowers fail to borrow, refund or convert any Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance after notice has been given by the Borrower Borrowers to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (d) or if the any Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing or Quoted Rate Loan Eurodollar-based Advance when due, the Borrower Borrowers shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) 10 Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower Borrowers to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (i) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (ii) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing or Quoted Rate Loan, as the case may be, Eurodollar-based Advance in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of the Borrowers, the Agent and the Lenders shall deliver to the Borrower Borrowers a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.. 105 Table of Contents
Appears in 1 contract
Reimbursement of Prepayment Costs. If (a) the any Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the , or if any Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e))thereto; (c) the or if any Borrower fails to borrow, refund or convert into any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the such Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the any Borrower fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance when due, the applicable Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, within ten (10) Business Days of written on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the such Borrower to the Administrative Agent for itself and/or on behalf of any LenderBank, as the case may be, shall be deemed to equal may include, without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Agent and the Lenders Banks shall deliver to the Borrower Borrowers a certificate setting forth in reasonable detail the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Saturn Electronics & Engineering Inc)
Reimbursement of Prepayment Costs. If (a) the Borrower Company makes any payment of principal with respect to any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (b) the Borrower converts , or refunds (or attempts to convert or refund) any such Borrowing or Loan on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e)); (c) the Borrower if Company fails to borrow, refund or convert borrow any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower Company to the Administrative Agent in accordance with the terms hereof requesting such Borrowing Advance, or Loan; or (d) if the Borrower Company fails to make any payment of principal or interest in respect of a Eurodollar Borrowing Eurocurrency- based Advance or Quoted Rate Loan Advance when due, the Borrower then Company shall reimburse the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may be, within ten (10) Business Days of written be on demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and LendersBanks, as the case may be, be as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and LendersBanks, as the case may be, be shall have funded or committed to fund such Borrowing or LoanAdvance. The Such amount payable hereunder by the Borrower Company to the Administrative Agent for itself and/or on behalf of any Lenderand Banks, as the case may bebe may include, shall be deemed to equal without limitation, an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the LendersBanks, as the case may be) which would have accrued to the Administrative Agent and the LendersBanks, as the case may be, be on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurodollar market. Calculation of any amounts payable to any Lender Bank under this paragraph shall be made as though such Lender Bank shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender Bank may fund any Eurodollar Borrowing Eurocurrency-based Advance or Quoted Rate LoanAdvance, as the case may be, be in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Company, Agent and the Lenders Banks shall deliver to the Borrower Company a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest error.
Appears in 1 contract
Reimbursement of Prepayment Costs. If (ai) the Borrower makes any payment of principal with respect to any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance on any day other than the last day of the Interest Period applicable thereto (whether voluntarily, pursuant to any mandatory provisions hereof, by acceleration, or otherwise); (bii) the Borrower converts or refunds (or attempts to convert or refund) any such Borrowing or Loan Advance on any day other than the last day of the Interest Period applicable thereto (except as described in Section 2.08(e2.5(e)); (ciii) the Borrower fails to borrow, refund or convert any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance after notice has been given by the Borrower to the Administrative Agent in accordance with the terms hereof requesting such Borrowing or LoanAdvance; or (div) or if the Borrower fails to make any payment of principal in respect of a Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate Loan Advance when due, the Borrower shall reimburse the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, within ten (10) Business Days of written demand therefor for any resulting loss, cost or expense incurred (excluding the loss of any Applicable Margin) by the Administrative Agent and Lenders, as the case may be, as a result thereof, including, without limitation, any such loss, cost or expense incurred in obtaining, liquidating, employing or redeploying deposits from third parties, whether or not the Administrative Agent and Lenders, as the case may be, shall have funded or committed to fund such Borrowing or LoanAdvance. The amount payable hereunder by the Borrower to the Administrative Agent for itself and/or on behalf of any Lender, as the case may be, shall be deemed to equal an amount equal to the excess, if any, of (ia) the amount of interest which would have accrued on the amount so prepaid, or not so borrowed, refunded or converted, for the period from the date of such prepayment or of such failure to borrow, refund or convert, through the last day of the relevant Interest Period, at the applicable rate of interest for said Borrowing(s) or Loans(sAdvance(s) provided under this Agreement, over (iib) the amount of interest (as reasonably determined by the Administrative Agent and the Lenders, as the case may be) which would have accrued to the Administrative Agent and the Lenders, as the case may be, on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency eurocurrency market. Calculation of any amounts payable to any Lender under this paragraph shall be made as though such Lender shall have actually funded or committed to fund the relevant Borrowing or Loan Advance through the purchase of an underlying deposit in an amount equal to the amount of such Borrowing or Loan Advance and having a maturity comparable to the relevant Interest Period; provided, however, that any Lender may fund any Eurodollar Borrowing Eurodollar-based Advance or Quoted Rate LoanAdvance, as the case may be, in any manner it deems fit and the foregoing assumptions shall be utilized only for the purpose of the calculation of amounts payable under this paragraph. The Administrative Upon the written request of Borrower, Agent and the Lenders shall deliver to the Borrower a certificate setting forth the basis for determining such losses, costs and expenses, which certificate shall be conclusively presumed correct, absent manifest demonstrable error.
Appears in 1 contract
Samples: Credit Agreement (Universal Truckload Services, Inc.)
