Common use of Breakfunding Costs Clause in Contracts

Breakfunding Costs. In the event that, on any date specified for the making of an Advance in any Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such Advance available under this Agreement, the Borrower shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 3 contracts

Samples: Credit Agreement (Chiles Offshore Inc/New/), Credit Agreement (Chiles Magellan LLC), Credit Agreement (Chiles Offshore LLC)

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Breakfunding Costs. In the event that, on any the date specified for the making of an the Advance in any the Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such the requested Advance available under this Agreementavailable, the Borrower shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such the Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 3 contracts

Samples: Credit Agreement (International Shipholding Corp), Agreement (International Shipholding Corp), Account Pledge Agreement (International Shipholding Corp)

Breakfunding Costs. In the event that, on any the date specified for the making of an the Advance in any the Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such Advance available under this Agreement, the Borrower shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 3 contracts

Samples: Credit Facility Agreement (OSG America L.P.), Senior Secured Revolving Credit Facility Agreement (OSG America L.P.), Credit Agreement (International Shipholding Corp)

Breakfunding Costs. In the event that, on any the date specified for the making of an Advance in any Drawdown Notice, the Lenders shall not be obliged under this Credit Facility Agreement to make such Advance available under this Agreementavailable, the Borrower Borrowers shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower Borrowers as to the extent of any such losses.

Appears in 3 contracts

Samples: Senior Secured Term Credit Facility Agreement (Top Ships Inc.), Senior Secured Term Credit Facility Agreement (Top Ships Inc.), Credit Facility Agreement (Top Tankers Inc.)

Breakfunding Costs. In the event that, on any the date specified for the making of an Advance in any the relevant Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such the requested Advance available under this Agreement, the Borrower shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 3 contracts

Samples: Senior Secured Loan Facility Agreement (International Shipholding Corp), Senior Secured Loan Facility Agreement (International Shipholding Corp), Facility Agreement (International Shipholding Corp)

Breakfunding Costs. In the event that, on any the date specified for the making of an Advance the Loan in any the Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such Advance the Loan available under this Agreement, the Borrower shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 2 contracts

Samples: Loan Agreement (International Shipholding Corp), Loan Agreement (Crowley Maritime Corp)

Breakfunding Costs. In the event that, on any the date specified for the making of an Advance the Loan in any the Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such Advance available under this Agreementthe Loan available, the Borrower shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such the Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 2 contracts

Samples: Loan Agreement (Omi Corp/M I), Consent and Agreement (Omi Corp/M I)

Breakfunding Costs. In the event that, on any date specified for the making of an Advance in any Drawdown Notice, the Lenders shall not be obliged required under this Agreement to make such Advance advance available under this Agreement, the Borrower shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) thereof may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice the Borrower and the certificate of the relevant Lender or Lenders Lender(s) shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 2 contracts

Samples: Term Loan and Revolving Credit Facility Agreement (Marine Transport Corp), Term Loan and Revolving Credit Facility Agreement (Marine Transport Corp)

Breakfunding Costs. In the event that, on any the date specified for the making of an the Advance in any the Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such Advance available under this Agreement, the Borrower Borrowers shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower Borrowers as to the extent of any such losses.

Appears in 1 contract

Samples: Credit Agreement (Overseas Shipholding Group Inc)

Breakfunding Costs. In the event that, on any the date specified for the making of an Advance in any the Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such Advance available under this Agreementor any portion thereof available, the Borrower shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 1 contract

Samples: Credit Facility Agreement (Tidewater Inc)

Breakfunding Costs. In the event that, on any the date specified for the making of an Advance in any Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such Advance available under this Agreementavailable, the Borrower shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 1 contract

Samples: Restatement of Loan Agreement (Gulfmark Offshore Inc)

Breakfunding Costs. In the event that, on any the date specified for the making of an Advance the Loan in any the Drawdown Notice, the Lenders shall not be obliged under this Loan Agreement to make such Advance available under this Agreementthe Loan available, the Borrower shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such the Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 1 contract

Samples: Loan Agreement (B Plus H Ocean Carriers LTD)

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Breakfunding Costs. In the event that, on any the date specified for the making of an the Advance in any the relevant Drawdown Notice, the Lenders any Lender shall not be obliged under this Agreement to make such the relevant Advance available under this Agreementor any portion thereof available, the Borrower each Borrower, shall indemnify and hold the Lenders such Lender fully harmless against any losses which the Lenders (or any thereof) such Lender may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice and the certificate of the relevant such Lender or Lenders shall, absent manifest error, be conclusive and binding on the such Borrower as to the extent of any such losses.

Appears in 1 contract

Samples: Consent and Agreement (SEACOR Marine Holdings Inc.)

Breakfunding Costs. In the event that, on any the date specified for the making of an Advance the Loan in any the Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such Advance the Loan available under this Agreement, the Borrower Borrowers shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 1 contract

Samples: Credit Agreement (International Shipholding Corp)

Breakfunding Costs. In the event that, on any the date specified for the making of an Advance in any Drawdown Notice, the Lenders shall not be obliged under this Credit Facility Agreement to make such Advance available under this Agreementavailable, the Borrower shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 1 contract

Samples: Credit Facility Agreement (Top Tankers Inc.)

Breakfunding Costs. In the event that, on any the date specified for the making of an Advance the Facility in any the Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such Advance the Facility available under this Agreement, the Borrower Borrowers shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 1 contract

Samples: Credit Agreement (International Shipholding Corp)

Breakfunding Costs. In the event that, on any the date specified for the making of an Advance the Facility in any the Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such Advance available under this Agreementthe Facility available, the Borrower shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such the Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 1 contract

Samples: Credit Facility Agreement (K-Sea Transportation Partners Lp)

Breakfunding Costs. In the event that, on any the date specified for the making of an Advance in any Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such Advance available under this Agreementavailable, each of the Borrower Borrowers shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower Borrowers as to the extent of any such losses.

Appears in 1 contract

Samples: Secured Credit Facility Agreement (Teekay Shipping Corp)

Breakfunding Costs. In the event that, on any the date specified for the making of an Advance the Loan in any the Drawdown Notice, the Lenders shall not be obliged under this Agreement to make such Advance available under this Agreementthe Loan or any portion thereof available, the Borrower shall indemnify and hold the Lenders fully harmless against any losses which the Lenders (or any thereof) may sustain as a result of borrowing or agreeing to borrow funds to meet the drawdown requirement of such the Drawdown Notice and the certificate of the relevant Lender or Lenders shall, absent manifest error, be conclusive and binding on the Borrower as to the extent of any such losses.

Appears in 1 contract

Samples: Credit Agreement (Tidewater Inc)

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