Breakage Amount Sample Clauses
The Breakage Amount clause defines the compensation or fee payable when a financial transaction, such as a loan or derivative contract, is terminated or altered before its agreed maturity date. This clause typically applies to situations where a borrower repays a loan early or a party exits a swap agreement ahead of schedule, and it outlines how the amount is calculated, often based on the lender’s or counterparty’s potential losses or costs incurred due to the early termination. Its core practical function is to protect the non-terminating party from financial loss and to ensure that the costs of early termination are fairly allocated.
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Breakage Amount. Upon demand of the Alternative Rate Lender from time to time, the Borrower shall promptly compensate the Alternative Rate Lender for and hold the Alternative Rate Lender harmless from any Breakage Amount incurred by it as a result of any of the following, whether such events or failures are voluntary by the Borrower or are mandatory, involuntary or automatic occurrences pursuant to the terms of this Agreement or otherwise:
(a) any continuation, conversion, payment or prepayment of any Loan other than continuations to successive Interest Periods during the Alternative Rate Period applicable to any Loan effected in accordance with Section 2.12(c); or
(b) any failure to consummate an Alternative Rate Agreement, or to borrow the Loan described in the Alternative Rate Agreement, on the date notified by Borrower; or
(c) any Loan as to which an Alternative Rate Agreement is in effect not being continued to successive Interest Periods of like duration during the applicable Alternative Rate Period; or
(d) the occurrence of any event or condition described in Sections 2.18, 2.19 or 2.21 which causes a change in, or suspension or termination of, the Original Rate otherwise applicable to any Loan subject to an Alternative Rate Agreement; or
(e) the occurrence of any Event of Default which shall not have been waived.
Breakage Amount. In the event of the payment of any principal of any Floating Rate Note other than on the last day of a Floating Interest Period therefor, the Company shall compensate each affected holder of Notes for such holder’s actual loss, cost and expense attributable to such event (excluding loss of anticipated profits) (such amount, the “Breakage Amount”). Payments of any Breakage Amount shall be made upon written request of a holder of Notes delivered to the Company not later than ten (10) Business Days following a payment, conversion, or failure to borrow, convert, continue or prepay that gives rise to a claim for a payment of any Breakage Amount accompanied by a written certificate of such holder setting forth in reasonable detail the basis for and calculation of the amount or amounts that such holder is entitled to receive, which certificate shall be conclusive absent manifest error. The Company shall pay such holder the amount shown as due on any such certificate within ten (10) Business Days after receipt thereof.
Breakage Amount. 44 SECTION 3.
Breakage Amount. Within 30 days after demand by the CP Conduit or any Credit Support Party as successor in interest to the CP Conduit as a Series B Note Holder (a "Breakage Party") (which demand shall be accompanied by a statement in reasonable detail setting forth the basis for such demand) the Issuer shall pay directly to the Trustee for the benefit of such Breakage Party, such amount or amounts as shall compensate such Breakage Party for any loss, cost or expense incurred by such Breakage Party in connection with any Hedging Agreements, as a result of any payment of principal of any Series B Note being received by reason of an Event of Loss. By its purchase of the Series B Notes, the Breakage Party agrees to pay directly to the Trustee, for the benefit of the Issuer, such amount or amounts that it may receive as breakage payments in connection with any Hedging Agreements, as a result of any payment of principal on any Series B Note being received by reason of an Event of Loss. The determination by any such Breakage Party of any such loss, expense or amount shall be presumed correct, absent manifest error. The Trustee will deposit such amounts in the Collection Account for distribution in accordance with Article 4.
Breakage Amount. Upon any payment of the Loan (or any portion thereof) on any day that is not a Payment Date (regardless of the source of such prepayment and whether Inland Portfolio 105968199.6 voluntary, by acceleration or otherwise), Borrowers shall pay to Administrative Agent, for the account of Lenders, the Breakage Amount
Breakage Amount. Within 10 days after demand by CP Conduit (Victory) or any Credit Support Party in respect of CP Conduit (Victory) (a "Breakage Party") (which demand shall be accompanied by a statement in reasonable detail setting forth the basis for such demand), the Issuer shall pay directly to the Trustee for the benefit of such Breakage Party such amount or amounts (the "Breakage Amount") as shall compensate such Breakage Party for any loss, cost or expense incurred by such Breakage Party in connection with any Hedging Agreements, as a result of any prepayment of principal of any Note held by such Breakage Party being made pursuant to Section 3.5 or Section 7.2 hereof. The determination by any such Breakage Party of any such loss, expense or amount shall be presumed correct, absent manifest error. The Trustee will deposit such amounts in the Collection Account for distribution in accordance with Article 5.
Breakage Amount. A Breakage Amount may be payable should the Loan --------------- be prepaid or should Borrower fail to borrow the full amount of the Loan. When Bank determines a Breakage Amount is payable, it shall deliver to Borrower a certificate as to the computation of the Breakage Amount and the basis for determining such amount, which shall be determined in a commercially reasonable manner. Determinations by Bank of the Breakage Amount shall be conclusive, provided such determinations are made on a reasonable basis and are absent manifest error.