Common use of Upon Clause in Contracts

Upon. (i) any default by Borrower in making any borrowing of, conversion into or continuation of any LIBOR Rate Loan following Borrower’s delivery of a borrowing request or continuation/conversion notice hereunder or (ii) any prepayment of a LIBOR Rate Loan on any day that is not the last day of the relevant LIBOR Interest Period (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), the Borrower shall pay an amount (“LIBOR Breakage Fee”), as calculated by the Bank, equal to the amount of any losses, expenses and liabilities (including without limitation any loss of margin and anticipated profits) that Bank may sustain as a result of such default or payment. The Borrower understands, agrees and acknowledges that: (i) the Bank does not have any obligation to purchase, sell and/or match funds in connection with the use of the LIBOR Rate as a basis for calculating the rate of interest on a LIBOR Rate Loan, (ii) the LIBOR Rate may be used merely as a reference in determining such rate, and (iii) the Borrower has accepted the LIBOR Rate as a reasonable and fair basis for calculating the LIBOR Breakage Fee and other funding losses incurred by the Bank. Borrower further agrees to pay the LIBOR Breakage Fee and other funding losses, if any, whether or not the Bank elects to purchase, sell and/or match funds.

Upon. (iA) any default by the Borrower in making any borrowing of, conversion into or continuation of any LIBOR SOFR Rate Loan following the Borrower’s 's delivery of a borrowing request Notice of Borrowing or continuationNotice of Continuation/conversion notice Conversion hereunder or (iiB) any prepayment of a LIBOR SOFR Rate Loan on any day that is not the last day of the relevant LIBOR SOFR Interest Period (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), the Borrower shall pay an amount (“LIBOR "SOFR Breakage Fee”"), as calculated by the BankAdministrative Agent, equal to the amount of any losses, expenses and liabilities (including without limitation any loss of margin and anticipated profits) that Bank the Lenders may sustain as a result of such default or payment. The Borrower understands, agrees and acknowledges that: (ix) the Bank does Administrative Agent and the Lenders do not have any obligation to purchase, sell and/or match funds in connection with the use of the LIBOR Rate Term SOFR as a basis for calculating the rate of interest on a LIBOR SOFR Rate Loan, (iiy) the LIBOR SOFR Rate may be used merely as a reference in determining such rate, and (iiiz) the Borrower has accepted the LIBOR SOFR Rate as a reasonable and fair basis for calculating the LIBOR SOFR Breakage Fee and other funding losses incurred by the BankLenders. Borrower Xxxxxxxx further agrees to pay the LIBOR SOFR Breakage Fee and other funding losses, if any, whether or not the Bank any Lender elects to purchase, sell and/or match funds.

Upon. (i) any default by Borrower in making any borrowing of, conversion into or continuation of any LIBOR Rate Loan following Borrower’s delivery of a borrowing request or continuation/conversion notice hereunder or (ii) any prepayment of a LIBOR Rate Loan on any day that is not the last day of the relevant LIBOR Interest Period (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), the Borrower shall pay an amount (“LIBOR Breakage Fee”), as calculated by the Bank, equal to the amount of any losses, expenses and liabilities (including without limitation any loss of margin and anticipated profits) that Bank may sustain as a result of such default or payment. The Borrower understands, agrees and acknowledges that: (i) the Bank does not have any obligation to purchase, sell and/or match funds in connection with the use of the LIBOR Rate as a basis for calculating the rate of interest on a LIBOR Rate Loan, (ii) the LIBOR Rate may be used merely as a reference in determining such rate, and (iii) the Borrower has accepted the LIBOR Rate as a reasonable and fair basis for calculating the LIBOR Breakage Fee and other funding losses incurred by the Bank. Borrower further agrees to pay the LIBOR Breakage Fee and other funding losses, if any, whether or not the Bank elects to purchase, sell and/or match funds.

Upon. (i) any default by Borrower the Borrowers in making any borrowing of, conversion into or continuation of any LIBOR Rate Loan following Borrower’s the Borrowers’ delivery of a borrowing request or continuation/conversion notice hereunder or (ii) any prepayment of a LIBOR Rate Loan on any day that is not the last day of the relevant LIBOR Interest Period (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), the Borrower Borrowers shall pay an amount (the “LIBOR Breakage Fee”), as calculated by the BankAgent, equal to the amount of any losses, expenses and liabilities (including without limitation any loss of margin and anticipated profits) that Bank the Agent and the Banks may sustain as a result of such default or payment. The Borrower understandsBorrowers understand, agrees agree and acknowledges acknowledge that: (i) the no Bank does not have has any obligation to purchase, sell and/or match funds in connection with the use of the LIBOR Rate as a basis for calculating the rate of interest on a LIBOR Rate Loan, (ii) the LIBOR Rate may be used merely as a reference in determining such rate, and (iii) the Borrower has Borrowers have accepted the LIBOR Rate as a reasonable and fair basis for calculating the LIBOR Breakage Fee and other funding losses incurred by the BankBanks. Borrower The Borrowers further agrees agree to pay the LIBOR Breakage Fee and other funding losses, if any, whether or not the Bank elects Banks elect to purchase, sell and/or match funds.

Upon. (iA) any default by the Borrower in making any borrowing of, conversion into or continuation of any LIBOR Rate Loan following the Borrower’s 's delivery of a borrowing request Notice of Borrowing or continuationNotice of Continuation/conversion notice Conversion hereunder or (iiB) any prepayment of a LIBOR Rate Loan on any day that is not the last day of the relevant LIBOR Interest Period (regardless of the source of such prepayment and whether voluntary, by acceleration or otherwise), the Borrower shall pay an amount (“LIBOR Breakage Fee”), as calculated by the BankAdministrative Agent, equal to the amount of any losses, expenses and liabilities (including without limitation any loss of margin and anticipated profits) that Bank the Lenders may sustain as a result of such default or payment. The Borrower understands, agrees and acknowledges that: (ix) the Bank does Administrative Agent and the Lenders do not have any obligation to purchase, sell and/or match funds in connection with the use of the LIBOR Rate as a basis for calculating the rate of interest on a LIBOR Rate Loan, (iiy) the LIBOR Rate may be used merely as a reference in determining such rate, and (iiiz) the Borrower has accepted the LIBOR Rate as a reasonable and fair basis for calculating the LIBOR Breakage Fee and other funding losses incurred by the BankLenders. Borrower further agrees to pay the LIBOR Breakage Fee and other funding losses, if any, whether or not the Bank any Lender elects to purchase, sell and/or match funds.