Examples of Make Whole Breakage Amount in a sentence
Xxxxxxxx agrees that (i) Lender shall not be obligated to actually reinvest the amount prepaid, and (ii) the Make-Whole Breakage Amount is directly related to the damages that Lender will suffer as a result of the prepayment.
Upon the occurrence of an Event of Default, Lender may, but shall not be obligated, to apply at any time the balance then remaining in the Replacement Reserve Escrow Account against the Loan in whatever order Lender shall subjectively determine, together with the Make-Whole Breakage Amount arising on account of such payment.
In the event that any Make-Whole Breakage Amount is due, Lender shall deliver to Borrower a statement setting forth the amount and determination of the Make-Whole Breakage Amount, and, provided that Lender shall have in good faith applied the formula described herein, Borrower shall not have the right to challenge the calculation or the method of calculation set forth in any such statement in the absence of manifest error.
In the event that any Make-Whole Breakage Amount is due, Administrative Agent shall deliver to Borrower a statement (a “Breakage Fee Notice”) setting forth the amount and determination of the Make-Whole Breakage Amount within ten (10) Business Days of receipt of Borrower’s Prepayment Notice.
Any such prepayment shall be without penalty unless, and then only to the extent that, the Make-Whole Breakage Amount is due.