Common use of Unwinding Costs Clause in Contracts

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 the Borrower unless shown by the Borrower to the satisfaction of EBRD to contain manifest error.

Unwinding Costs. (a) If, for any reason (including, without limitation, an acceleration pursuant to Section 7.02, 7.03 or 7.04), any portion of the NIB Loan which is repaid or prepaid, or subject to a variable interest rate in accordance with Section 3.06(a) becomes due and payable on a date other than the last day of an Interest Period, the Borrower shall pay to EBRD NIB on demand the amount, if any, by which: (1) the interest which would have accrued on such portion of the NIB Loan from the date on which such portion of the NIB Loan has become due and payable to the last day of the then current Interest Period applicable to such portion of the NIB Loan at a rate equal to the Interbank Rate LIBOR, in each case for such Interest Period; exceeds: (2) the interest which EBRD NIB would be able to obtain if it were to place an amount equal to such portion of the NIB Loan on deposit with a leading bank in the Euro-zone London interbank market market, for the period commencing on the date on which such portion of the NIB 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 NIB 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)(33.07(a)(3) for such Default Interest Period; exceeds: (2) the interest which EBRD NIB 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 London interbank market 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 NIB as to any amount payable under this Section 3.12 3.14 shall be final, conclusive and binding on the Borrower unless shown by the Borrower to the satisfaction of EBRD NIB to contain manifest clerical error.

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 London 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 London 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(a3.13(a) and (b3.13(b), as a result of the occurrence of an Event of Default, a change in the duration of any relevant Interest Period pursuant to Section 3.07(b), a change in the basis for determining the rate of interest pursuant to Section 3.07(c), 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 3.083.09. (d) A certificate of EBRD as to any amount payable under this Section 3.12 3.13 shall be final, conclusive and binding on the Borrower unless shown by the Borrower to the satisfaction of EBRD to contain manifest error.

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 with, or, otherwise make such amount available to, a leading bank active in the Euro-zone interbank market selected by EBRD 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 with, or, otherwise make such amount available to, a leading bank active in the Euro-zone interbank market selected by EBRD 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(a3.13(a) and (b3.13(b), as a result of the occurrence of an Event of Default, a change in the duration of any relevant Interest Period pursuant to Section 3.07(c), a change in the basis for determining the rate of interest pursuant to Section 3.07(d), prepayment of any portion of the Loan on a date other than the last day of an Interest PeriodPayment Date, 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 3.083.09 or any other provision of this Agreement. (d) A certificate of EBRD as to any amount payable under this Section 3.12 3.13 shall be final, conclusive and binding on the Borrower unless shown by the Borrower to the satisfaction of EBRD to contain manifest error.

Unwinding Costs. (a) If, for any reason (including, without limitation, an acceleration pursuant to Section 7.027.02 or 7.03), 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 the Bank 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 the Bank 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 London 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 the Bank 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 the Bank 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 London 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 the Bank as to any amount payable under this Section 3.12 shall be final, conclusive and binding on the Borrower unless shown by the Borrower to the satisfaction of EBRD the Bank to contain manifest error.

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(a3.13(a) and (b3.13(b), as a result of the occurrence of an Event of Default, a change in the duration of any relevant Interest Period pursuant to Section 3.07(b), a change in the basis for determining the rate of interest pursuant to Section 3.07(c), 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 3.083.09. (d) A certificate of EBRD as to any amount payable under this Section 3.12 3.13 shall be final, conclusive and binding on the Borrower unless shown by the Borrower to the satisfaction of EBRD to contain manifest error.

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 with, or, otherwise make such amount available to, a leading bank active in the Euro-zone interbank market selected by EBRD 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 with, or, otherwise make such amount available to, a leading bank active in the Euro-zone interbank market selected by EBRD 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(a3.13(a) and (b3.13(b), as a result of the occurrence of an Event of Default, a change in the duration of any relevant Interest Period pursuant to Section 3.07(c), a change in the basis for determining the rate of interest pursuant to Section 3.07(d), prepayment of any portion of the Loan on a date other than the last day of an Interest PeriodPayment Date, 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 3.083.09 or any other provision of this Agreement. (d) A certificate of EBRD as to any amount payable under this Section 3.12 3.13 shall be final, conclusive and binding on the Borrower unless shown by the Borrower to the satisfaction of EBRD to contain manifest error.

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(a3.13(a) and (b3.13(b), as a result of the occurrence of an Event of Default, a change in the duration of any relevant Interest Period pursuant to Section 3.07(b), a change in the basis for determining the rate of interest pursuant to Section 3.07(c), prepayment of any portion of the Loan on a date other than the last day of an Interest PeriodPayment Date, 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 3.083.09. (d) A certificate of EBRD as to any amount payable under this Section 3.12 3.13 shall be final, conclusive and binding on the Borrower unless shown by the Borrower to the satisfaction of EBRD to contain manifest error.

Unwinding Costs. (a) If, at any time other than during the Interest Conversion Period, any portion of the Loan, 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 London 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 If, at any overdue amount is paid on time after the Borrower has selected an Interest Fixing Date pursuant to Section 3.05(b) and prior to the end of the Interest Conversion Period: (1) the Borrower gives a date other than notice of prepayment of any portion of the last day of a Default Interest PeriodLoan pursuant to Section 3.08 or 3.13, the Borrower shall is required to prepay any portion of the Loan pursuant to Section 3.08 or 3.14 or the Borrower otherwise prepays any portion of the Loan; (2) any portion of the Loan is accelerated pursuant to Section 7.02 or otherwise becomes due prior to its stated maturity; or EXECUTION COPY (3) any portion of the Loan is cancelled pursuant to Section 3.03 or 3.14 or is otherwise cancelled; the Borrower shall, in addition to any prepayment fee, cancellation fee or other amounts payable in connection therewith, pay to EBRD on demand the amount, if any, by which: which the Original Income Stream (1as defined below) exceeds the interest which would have accrued Substitute Income Stream (as defined below); provided that, if the Substitute Income Stream exceeds the Original Income Stream, EBRD shall, on such overdue amount from the date of receipt of such overdue amount next Interest Payment Date, credit 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 Borrower, in the Euro-zone interbank market for Loan Currency, the period commencing on amount by which the Business Day immediately following Substitute Income Stream exceeds the date of receipt of such overdue amount and ending on the last day of the then current Default Interest PeriodOriginal Income Stream. (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 For purposes 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 the Borrower unless shown by the Borrower to the satisfaction of EBRD to contain manifest error.3.12(b):

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 the Bank 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 relevant to such portion of the Loan at a rate equal to the Interbank Rate for such Interest Period; exceeds: (2) the interest which EBRD the Bank 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 PeriodPeriod relevant to such portion of the Loan. (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 the Bank 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 the Bank 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 the Bank reimburse EBRD the Bank for any costs, expenses and losses incurred by EBRD or any Participantthe Bank, and not otherwise recovered by EBRD the Bank under Sections 3.12(a3.13(a) and (b3.13(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 3.083.09. (d) A certificate of EBRD the Bank as to any amount payable under this Section 3.12 3.13 shall be final, conclusive and binding on the Borrower unless shown by the Borrower to the satisfaction of EBRD the Bank to contain manifest error.

Unwinding Costs. (a) If, for any reason (including, without limitation, an acceleration pursuant to Section 7.02, 7.03 or 7.04), any portion of the EDC Loan which is repaid or prepaid, or subject to a variable interest rate in accordance with Section 3.06(a) becomes due and payable on a date other than the last day of an Interest Period, the Borrower shall pay to EBRD EDC on demand the amount, if any, by which: (1) the interest which would have accrued on such portion of the EDC Loan from the date on which such portion of the EDC Loan has become due and payable to the last day of the then current Interest Period applicable to such portion of the EDC Loan at a rate equal to the Interbank Rate LIBOR, in each case for such Interest Period; exceeds: (2) the interest which EBRD EDC would be able to obtain if it were to place an amount equal to such portion of the EDC Loan on deposit with a leading bank in the Euro-zone London interbank market market, for the period commencing on the date on which such portion of the EDC 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 EDC 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)(33.07(a)(3) for such Default Interest Period; exceeds: (2) the interest which EBRD EDC 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 London interbank market 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 EDC as to any amount payable under this Section 3.12 3.14 shall be final, conclusive and binding on the Borrower unless shown by the Borrower to the satisfaction of EBRD EDC to contain manifest clerical error.