Break Amounts Sample Clauses
Break Amounts. (a) On each Payment Date Party B agrees to pay to Party A the Total Break Amount but only if it is positive.
(b) Any amount payable under paragraph (a) is not to be netted in accordance with Section 2(c).
(c) Nothing in this clause 2 is to be taken to result in this Transaction actually being terminated at any time as a result of calculations required under this clause.
Break Amounts. The Borrower shall indemnify each Lender against any cost, loss or liability incurred by that Lender or deemed incurred by that Lender under this Section 15.2 (characterized as a “negative” Break Amount) as a result of:
(a) funding, or making arrangements to fund, its participation in an Advance requested by the Borrower in an Advance Request but not made for any reason (other than by reason of default by that Lender alone);
(b) any Loan (or part of such Loan) being repaid on a date other than an Interest Payment Date;
(c) any Maturity Date not being also an Interest Payment Date; or
(d) any Loan (or part of such Loan) not being prepaid in accordance with a notice of prepayment given by the Borrower, in each case including, without limitation, in relation to funds borrowed or mobilized, the liquidation or redeployment of any deposits taken or made, and/or the loss of margin, which amount shall be payable on the dates specified herein for payment of Break Amount. All “negative” Break Amounts hereunder shall be equal to the excess, if any, of (i) the amount of interest that otherwise would have accrued on the principal amount so paid, prepaid or not borrowed for the period from the date of such payment, prepayment or failure to borrow to the last day of the then current Interest Period for such Loan (or, in the case of a failure to borrow, the Interest Period for such Loan that would have commenced on the date specified for such borrowing) at the applicable rate of interest for such Loan provided for herein (excluding the Applicable Margin) over (ii) the amount of interest that otherwise would have accrued on such principal amount at a rate per annum equal to the interest component of the amount such Lender would have bid in the London interbank market for Dollar deposits of leading banks in amounts comparable to such principal amount and with maturities comparable to such period (as reasonably determined by such Lender). Notwithstanding anything in any Loan Document (except as provided in Section 4.2.2), so long as no Event of Default shall have occurred and be continuing and as long as no other amounts are due and outstanding under this Agreement at the relevant time, the Borrower will receive the benefit from any “positive” Break Amount which may be realized by a Lender (being an amount equal to the excess, if any, of (ii) over (i) in the preceding sentence.
