Unwinding Costs. (a) If, for any reason (including, without limitation, an acceleration pursuant to Section 7.02), any portion of the Loan is repaid or prepaid, or becomes due and payable on a date other than the last day of an Interest Period, the Borrower shall pay to EBRD on demand the amount, if any, by which:
(1) the interest which would have accrued on such portion of the Loan from the date on which such portion of the Loan has become due and payable to the last day of the then current Interest Period at a rate equal to the Interbank Rate for such Interest Period; exceeds:
(2) the interest which EBRD would be able to obtain if it were to place an amount equal to such portion of the Loan on deposit with a leading bank in the Euro-zone interbank market for the period commencing on the date on which such portion of the Loan has become due and payable and ending on the last day of the then current Interest Period.
(b) If any overdue amount is paid on a date other than the last day of a Default Interest Period, the Borrower shall pay to EBRD on demand the amount, if any, by which:
(1) the interest which would have accrued on such overdue amount from the date of receipt of such overdue amount to the last day of the then current Default Interest Period at a rate equal to the rate specified in Section 3.06(a)(3) for such Default Interest Period; exceeds:
(2) the interest which EBRD would be able to obtain if it were to place an amount equal to such overdue amount on deposit with a leading bank in the Euro-zone interbank market for the period commencing on the Business Day immediately following the date of receipt of such overdue amount and ending on the last day of the then current Default Interest Period.
(c) The Borrower shall forthwith upon notice from EBRD reimburse EBRD for any costs, expenses and losses incurred by EBRD or any Participant, and not otherwise recovered by EBRD under Sections 3.12(a) and (b), as a result of the occurrence of an Event of Default, prepayment of any portion of the Loan on a date other than the last day of an Interest Period, failure by the Borrower to pay any amount when due hereunder, failure by the Borrower to borrow in accordance with a Disbursement application submitted pursuant to Section 3.02 or failure by the Borrower to make any prepayment in accordance with a notice of prepayment delivered pursuant to Section 3.08.
(d) A certificate of EBRD as to any amount payable under this Section 3.12 shall be final, conclusive and binding on th...
Unwinding Costs. (a) If IFC or any Participant incurs any cost, expense or loss as a result of the Borrower: (i) failing to borrow in accordance with a request for Disbursement made pursuant to Section 2.02 (Disbursement Procedure); (ii) failing to prepay in accordance with a notice of prepayment; (iii) prepaying all or any portion of the Loan on a date other than an Interest Payment Date; or (iv) after acceleration of the Loan, paying all or a portion of the Loan on a date other than an Interest Payment Date, then the Borrower shall immediately pay to IFC the amount that IFC from time to time notifies to the Borrower as being the amount of those costs, expenses and losses incurred.
(b) For the purposes of this Section, “costs, expenses or losses” include any premium, penalty or expense incurred to liquidate or obtain third party deposits, borrowings, hxxxxx or swaps in order to make, maintain, fund or hedge all or any part of any Disbursement or prepayment of the Loan, or any payment of all or part of the Loan upon acceleration.
Unwinding Costs. (a) If IFC or any Participant incurs any cost, expense or loss as a result of:
(i) the Borrower failing to borrow in accordance with a request for Additional Disbursement made pursuant to Section 2.02 (Disbursement Procedure);
(ii) the Borrower failing to prepay in accordance with a notice of prepayment;
(iii) the Borrower prepaying all or any portion of the Loans on a date other than an Interest Payment Date; or
(b) after acceleration of the Loan, the Borrower paying all or a portion of the Loans on a date other than an Interest Payment Date; then the Borrower shall compensate IFC for the amount that IFC from time to time notifies to the Borrower as being the amount of those costs, expenses and losses incurred. A certificate of IFC setting forth any amount or amounts that IFC is entitled to receive pursuant to this Section shall be delivered to the Borrower and shall be conclusive absent manifest error. The Borrower shall pay IFC the amount shown as due on any such certificate immediately after receipt thereof.
(c) For the purposes of this Section, “costs, expenses or losses” include any premium, penalty or expense incurred to liquidate or obtain third party deposits, borrowings, xxxxxx or swaps in order to make, maintain, fund or hedge all or any part of any Additional Disbursement or prepayment of the Loan, or any payment of all or part of the Loans upon acceleration.
Unwinding Costs. (a) If IFC incurs any cost, expense or loss as a result of the Borrower:
(i) failing to borrow in accordance with a request for Disbursement made pursuant to Section 2.02 (Disbursement Procedure);
(ii) failing to prepay in accordance with a notice of prepayment;
(iii) prepaying all or any portion of the Loan on a date other than an Interest Payment Date; or
(iv) after acceleration of the Loan, paying all or a portion of the Loan on a date other than an Interest Payment Date; then the Borrower shall immediately pay to IFC the amount that IFC from time to time notifies to the Borrower as being the amount of those costs, expenses and losses incurred.
(b) For the purposes of this Section, “costs, expenses or losses” include any premium, penalty or expense incurred to liquidate or obtain third party deposits, borrowings, xxxxxx or swaps in order to make, maintain, fund or hedge all or any part of any Disbursement or prepayment of the Loan, or any payment of all or part of the Loan upon acceleration.
Unwinding Costs. (a) If IFC incurs any cost, expense or loss as a result of the Borrower:
(i) failing to borrow in accordance with a request for Disbursement made pursuant to Section 3.02 (Disbursement Procedure), or to prepay in accordance with a notice of prepayment; or
(ii) prepaying all or any portion of the Loan on a date other than an Interest Payment Date; then the Borrower shall immediately pay to IFC the amount which IFC from time to time notifies to the Borrower as being the amount of those costs, expenses and losses incurred.
(b) For the purposes of this Section, “costs, expenses or losses” include any premium, penalty or expense incurred to liquidate or obtain third party deposits or borrowings in order to make, maintain or fund all or any part of the Loan.
Unwinding Costs. If IFC incurs any cost, expense or loss in unwinding its funding arrangements (including any premium, penalty or expense incurred to liquidate or obtain third party deposits or borrowings in order to make, maintain or fund all or any part of the Loan) as a result of (i) the Borrowers’ failure to borrow in accordance with Section 3.02 (Disbursement) or to prepay in accordance with a notice of prepayment or (ii) the Borrowers’ prepayment of any part of the Loan other than on an Interest Payment Date, the Borrowers shall, on IFC’s demand, pay to IFC the amount of any such cost, expense or loss that IFC notifies to the Borrowers.
Unwinding Costs. 34 Section 3.14. Illegality ...................................... 35 Section 3.15. Loan Account .................................... 35
Unwinding Costs. (a) If DEG incurs any cost, expense or loss as a result of any Onshore Borrower:
(i) failing to borrow in accordance with a request for Disbursement made by such Onshore Borrower pursuant to Section 2.02 (Disbursement Procedure); or
(ii) failing to prepay in accordance with a notice of prepayment delivered by such Onshore Borrower; then such Onshore Borrower shall immediately pay to DEG the amount that DEG from time to time notifies to such Onshore Borrower as being the amount of those costs, expenses and losses incurred.
(b) For the purposes of this Section, “costs, expenses or losses” include any premium, penalty or expense incurred to liquidate or obtain third party deposits, borrowings, hxxxxx or swaps in order to make, maintain, fund or hedge all or any part of any Disbursement or prepayment of the applicable Loan, or any payment of all or part of the applicable Loan upon acceleration.
Unwinding Costs. (a) Upon request by the Bank, the Company shall pay to the Bank any costs, expenses and losses incurred by the Bank as a result of:
(1) any failure by the Company to pay any amount payable under this Agreement on its due date;
(2) any failure by the Company to borrow in accordance with a request for a Disbursement made pursuant to Section 3.02;
(3) any failure by the Company to make any prepayment in accordance with a notice of prepayment pursuant to Section 3.07 or 3.11(c);
(4) any prepayment for any reason of all or any portion of the Loan on a date other than an Interest Payment Date; or
(5) the occurrence of an Event of Default.
(b) For the purposes of Section 3.13(a), "costs, expenses and losses' shall include, without limitation, any interest paid or payable to carry any unpaid amount and any loss, premium, penalty or expense (excluding lost profit) which may be incurred in liquidating or employing deposits of or borrowings from third parties in order to make, maintain or fund the Loan or any portion thereof (but in the case of a late payment, after taking into account any default interest received under Section 3.10). The Bank shall certify such costs, expenses and losses (including a reasonable description thereof) to the Company.
Unwinding Costs. (a) If IFC or any Participant incurs any cost, expense or loss as a result of the Borrower: (i) failing to borrow in accordance with a request for Disbursement made pursuant to Section 2.02 (Disbursement Procedure); (ii) failing to prepay in accordance with a notice of prepayment; (iii) prepaying all or any portion of the GTLP Facility on a date other than an Interest Payment Date; or (iv) after acceleration of the GTLP Facility, paying all or a portion of any Tranche of the GTLP Facility on a date other than an Interest Payment Date; then the Borrower shall immediately pay to IFC the amount that IFC from time to time notifies to the Borrower as being the amount of those costs, expenses and losses incurred.
(b) For the purposes of this Section, “costs, expenses or losses” include any premium, penalty or expense incurred to liquidate or obtain third party deposits, borrowings, xxxxxx or swaps in order to make, maintain, fund or hedge all or any part of any Disbursement or prepayment of the GTLP Facility, or any payment of all or part of the GTLP Facility upon acceleration.
