Common use of Failure to Convert Clause in Contracts

Failure to Convert. Each notice of Conversion given by any Borrower pursuant to subsection (a) above shall be irrevocable and binding on such Borrower. In the case of any Borrowing that is to comprise Eurodollar RateTerm Benchmark Advances (or, if applicable, RFR Advances) upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of such Conversion to occur pursuant to the provisions of Section 2.10(c), including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances upon such Conversion, when such Conversion does not occur. Each Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitments.

Appears in 5 contracts

Samples: Credit Agreement (Firstenergy Corp), Credit Agreement (Firstenergy Corp), Credit Agreement (Firstenergy Corp)

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Failure to Convert. Each notice of Conversion given by any Borrower pursuant to subsection (a) above shall be irrevocable and binding on such Borrower. In the case of any Borrowing that is to comprise Eurodollar RateTerm Benchmark Rate Pro-Rata Advances (or, if applicable, RFR Advances) upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of to fulfill on the date specified for such Conversion to occur pursuant to the provisions of Section 2.10(c)applicable conditions set forth in Article III, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Pro-Rata Advances upon such Conversion, when such Conversion Conversion, as a result of such failure, does not occur. Each Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Jersey Central Power & Light Co), Credit Agreement (Firstenergy Corp)

Failure to Convert. Each notice of Conversion given by any the Borrower pursuant to subsection (a) above shall be irrevocable and binding on such the Borrower. In the case of any Borrowing that is to comprise Eurodollar RateTerm Term Benchmark Advances (or, if applicable, RFR Advances) upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of such Conversion to occur pursuant to the provisions of Section 2.10(c), including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances upon such Conversion, when such Conversion does not occur. Each The Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such the Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Firstenergy Corp), Credit Agreement (Firstenergy Corp)

Failure to Convert. Each notice of Conversion given by any the Borrower pursuant to subsection (a) above shall be irrevocable and binding on such the Borrower. In the case of any Borrowing that is to comprise Eurodollar RateTerm Benchmark Advances (or, if applicable, RFR Advances) upon Conversion, the applicable Borrower agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of such Conversion to occur pursuant to the provisions of Section 2.10(c), including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Advances upon such Conversion, when such Conversion does not occur. Each The Borrower’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such the Borrower to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Firstenergy Corp)

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Failure to Convert. Each notice of Conversion given by any Borrower the Obligor pursuant to subsection (a) above shall be irrevocable and binding on such Borrowerthe Obligor. In the case of any Borrowing that is to comprise Eurodollar RateTerm Benchmark Rate Pro-Rata Advances (or, if applicable, RFR Advances) upon Conversion, the applicable Borrower Obligor agrees to indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of to fulfill on the date specified for such Conversion to occur pursuant to the provisions of Section 2.10(c)applicable conditions set forth in Article III, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or redeployment of deposits or other funds acquired by such Lender to fund such Eurodollar Rate Pro-Rata Advances upon such Conversion, when such Conversion Conversion, as a result of such failure, does not occur. Each BorrowerThe Obligor’s obligations under this subsection (c) shall survive the repayment of all other amounts owing by such Borrower the Obligor to the Lenders and the Administrative Agent under this Agreement and any Note and the termination of the Commitments.

Appears in 1 contract

Samples: Letter of Credit and Reimbursement Agreement (Metropolitan Edison Co)

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