Example ContractsClausesFunding Losses
Funding Losses
Funding Losses contract clause examples

Funding Losses. Notwithstanding any provision contained in this Agreement to the contrary, # if for any reason there occurs any payment of principal or conversion with respect to any LIBOR Loan (pursuant to Sections 2 or 7 or otherwise) on any day other than the last day of the Interest Period applicable thereto (including as a consequence of any assignment made pursuant to [Section 2.19] or any acceleration of the Loans under Section 7), # if the Borrower fails to borrow or pay any LIBOR Loan after notice has been given by the Borrower to the Administrative Agent in accordance with [Section 2.02, 2.04, 2.08] or otherwise, # if the Borrower fails to make any prepayment of any LIBOR Loan on the date specified in a notice of prepayment given by the Borrower, # if there is any other failure by the Borrower to make any payments with respect to LIBOR Loans when due hereunder or # any assignment of a LIBOR Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Borrower pursuant to [Section 2.19], the Borrower shall reimburse each Bank on demand for any resulting losses and expenses incurred by it, including, without limitation, any losses incurred in obtaining, liquidating or employing deposits from third parties but excluding any loss of margin for the period after any such payment; provided that # with respect to losses resulting from the circumstances described in clause (a), the Borrower shall not reimburse any Bank if such losses are the result of a default by such Bank and # such Bank shall have delivered to the Borrower a certificate setting forth in reasonable detail the calculation of the amount of such losses and expenses, which calculation shall be conclusive in the absence of manifest error.

Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrowers shall jointly and severally compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of:

Funding Losses. If for any reason # any Borrowing, conversion or continuation of a LIBOR Loan does not occur on the date specified therefor in a Notice of Borrowing or Notice of Conversion/Continuation (whether or not withdrawn), # any repayment or conversion of a LIBOR Loan occurs on a day other than the end of its Interest Period, # Borrowers fail to repay a LIBOR Loan when required, or # a Lender (other than a Defaulting Lender) is required to assign a LIBOR Loan prior to the end of its Interest Period pursuant to [Section 13.4], then Borrowers shall pay to Agent its customary administrative charge and to each Lender all losses, expenses and fees arising from redeployment of funds or termination of match funding. For purposes of calculating such amounts, a Lender shall be deemed to have funded a LIBOR Loan by a matching deposit or other borrowing in the London interbank market for a comparable amount and period, whether or not the Loan was in fact so funded.

Funding Losses. Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrowers shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of:

Funding Losses. If for any reason # any repayment or conversion of a LIBOR Loan occurs on a day other than the end of its Interest Period, # Borrowers fail to repay a LIBOR Loan when required hereunder, or # a Lender (other than a Defaulting Lender) is required to assign a LIBOR Loan prior to the end of its Interest Period pursuant to Section 12.4, then Borrowers shall pay to Agent its customary administrative charge and to each Lender all resulting losses and expenses, including loss of anticipated profits and any loss, expense or fee arising from redeployment of funds or termination of match fundings (but excluding any and all Taxes). For purposes of calculating amounts payable under this Section, each Lender shall be deemed to have funded a LIBOR Loan by a matching deposit or other borrowing in the London interbank market for a comparable amount and period, whether or not the Loan was in fact so funded.

Funding Losses. If for any reason # any Borrowing, conversion or continuation of a BSBY Loan does not occur on the date specified therefor in a Notice of Borrowing or Notice of Conversion/Continuation (whether or not withdrawn), # any repayment or conversion of a BSBY Loan occurs on a day other than the end of its Interest Period, or # Borrowers fail to repay a BSBY Loan when required, then Borrowers shall pay to Lender all losses, expenses and fees arising from redeployment of funds or termination of match funding.

Funding Losses. If for any reason # any repayment or conversion of a LIBOR Loan occurs on a day other than the end of its Interest Period, # Borrowers fail to repay a LIBOR Loan when required hereunder, or # a Lender (other than a Defaulting Lender) is required to assign a LIBOR Loan prior to the end of its Interest Period pursuant to Section 12.4, then Borrowers shall pay to Agent its customary administrative charge and to each Lender all resulting losses and expenses, including loss of anticipated profits and any loss, expense or fee arising from redeployment of funds or termination of match fundings (but excluding any and all Taxes). For purposes of calculating amounts payable under this Section, each Lender shall be deemed to have funded a LIBOR Loan by a matching deposit or other borrowing in the London interbank market for a comparable amount and period, whether or not the Loan was in fact so funded.

Funding Losses. Borrowers hereby agree that upon demand by any Lender (which demand shall be accompanied by a statement setting forth the basis for the amount being claimed, a copy of which shall be furnished to Administrative Agent) Borrowers will indemnify such Lender against any net loss or expense which such Lender may sustain or incur (including any net loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund or maintain any LIBOR Loan), as reasonably determined by such Lender, as a result of # any payment, prepayment or conversion of any LIBOR Loan of such Lender on a date other than the last day of an Interest Period for such Loan (including any conversion pursuant to [Section 2.2.3]), # any failure of Borrowers to borrow, prepay, convert or continue any Loan on a date specified therefor in a notice of borrowing, prepayment, conversion or continuation pursuant to this Agreement, # the conversion of any LIBOR Loan other than on the last day of the Interest Period applicable thereto, or # the assignment of any LIBOR Loan other than on the last day of the Interest Period. For this purpose, all notices to Administrative Agent pursuant to this

Funding Losses. If for any reason # any Borrowing, conversion or continuation of a LIBOR Loan does not occur on the date specified therefor in a Committed Loan Notice (whether or not withdrawn), # any repayment of a LIBOR Loan occurs on a day other than an Interest Payment Date, # Borrower fails to repay a LIBOR Loan when required, or # a Lender (other than a Defaulting Lender) is required to assign a LIBOR Loan on any day other than an Interest Payment Date pursuant to [Section 13.4], then Borrower shall pay to Agent its customary administrative charge and to each Lender all losses and expenses and fees arising from redeployment of funds or termination of match funding. For purposes of calculating such amounts, a Lender shall be deemed to have funded a LIBOR Loan by a matching deposit or other borrowing in the London interbank market for a comparable amount and period, whether or not the Loan was in fact so funded.

Funding Losses. Notwithstanding any provision contained in this Agreement to the contrary, # if for any reason there occurs any payment of principal or conversion with respect to any LIBOR Loan (pursuant to Sections 2 or 7 or otherwise) on any day other than the last day of the Interest Period applicable thereto (including as a consequence of any assignment made pursuant to [Section 2.19] or any acceleration of the Loans under Section 7), # if the Borrower fails to borrow or pay any LIBOR Loan after notice has been given by the Borrower to the Administrative Agent in accordance with [Section 2.02, 2.04, 2.08]8]8] or otherwise, # if the Borrower fails to make any prepayment of any LIBOR Loan on the date specified in a notice of prepayment given by the Borrower, # if there is any other failure by the Borrower to make any payments with respect to LIBOR Loans when due hereunder or # any assignment of a LIBOR Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Borrower pursuant to [Section 2.19], the Borrower shall reimburse each Bank on demand for any resulting losses and expenses incurred by it, including, without limitation, any losses incurred in obtaining, liquidating or employing deposits from third parties but excluding any loss of margin for the period after any such payment; provided that # with respect to losses resulting from the circumstances described in clause (a), the Borrower shall not reimburse any Bank if such losses are the result of a default by such Bank and # such Bank shall have delivered to the Borrower a certificate setting forth in reasonable detail the calculation of the amount of such losses and expenses, which calculation shall be conclusive in the absence of manifest error.

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