Common use of Funding Breakage Clause in Contracts

Funding Breakage. In addition to all other amounts payable hereunder, if and to the extent for any reason any part of any Funding Segment of any Euro-Rate Portion of the Loans becomes due (by acceleration or otherwise), or is paid, prepaid or converted to the Base Rate Option (whether or not such payment, prepayment or conversion is mandatory or automatic and whether or not such payment or prepayment is then due), on a day other than the last day of the corresponding Euro-Rate Funding Period (the date such amount so becomes due, or is so paid, prepaid or converted, being referred to as the "Funding Breakage Date"), the Borrower shall pay each Lender an amount ("Funding Breakage Indemnity") determined by such Lender by calculating the following amount: (A) the principal amount of such Funding Segment of the Loans owing to such Lender which so became due, or which was so paid, prepaid or converted, times (B) the greater of (x) zero or (y) the rate of interest applicable to such principal amount on the Funding Breakage Date minus the market LIBID Rate as of the Funding Breakage Date, times (C) the number of days from and including the Funding Breakage Date to but not including the last day of such Funding Period, times (D) 1/360. Such Funding Breakage Indemnity shall be due and payable on demand and each Lender shall, upon making such demand, notify the Agent of the amount so demanded. The amount payable to the Lender under this Section 2.10(b) shall be determined in good faith by such Lender, and such determination shall be conclusive absent manifest error.

Appears in 2 contracts

Samples: Credit Agreement (Black Box Corp), Term Credit Agreement (Black Box Corp)

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Funding Breakage. In addition to all other amounts payable hereunder, if and to the extent for any reason any part of any Funding Segment of any Euro-Rate Portion of the Revolving Credit Loans becomes due (by acceleration or otherwise), or is paid, prepaid or converted to the Base Rate Option (whether or not such payment, prepayment or conversion is mandatory or automatic and whether or not such payment or prepayment is then due), on a day other than the last day of the corresponding Euro-Rate Funding Period (the date such amount so becomes due, or is so paid, prepaid or converted, being referred to as the "Funding Breakage Date"), the Borrower shall pay each the Lender an amount ("Funding Breakage Indemnity") determined by such the Lender by calculating the following amount: (A) the principal amount of such Funding Segment of the Revolving Credit Loans owing to such the Lender which so became due, or which was so paid, prepaid or converted, times (B) the greater of (x) zero or (y) the rate of interest applicable to such principal amount on the Funding Breakage Date minus the market LIBID Rate as of the Funding Breakage Date, times (C) the number of days from and including the Funding Breakage Date to but not including the last day of such Funding Period, times (D) 1/360. Such Funding Breakage Indemnity shall be due and payable on demand and each Lender demand. In addition, the Borrower shall, upon making on the due date for payment of any Funding Breakage Indemnity, pay to the Lender an additional amount equal to interest on such demand, notify Funding Breakage Indemnity from the Agent Funding Breakage Date to but not including such due date at the Base Rate Option (calculated on the basis of the amount so demandeda year of 360 days and actual days elapsed). The amount payable to the Lender under this Section 2.10(b) shall be determined in good faith by such the Lender, and such determination shall be conclusive absent manifest error.

Appears in 1 contract

Samples: Omnibus Credit Facility Agreement (Black Box Corp)

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Funding Breakage. In addition to all other amounts payable hereunder, if and to the extent for any reason any part of any Funding Segment of any Euro-Rate Portion of the Loans becomes due (by acceleration or otherwise), or is paid, prepaid or converted to the Base Rate Option (whether or not such payment, prepayment or conversion is mandatory or automatic and whether or not such payment or prepayment is then due), on a day other than the last day of the corresponding Euro-Rate Funding Period (the date such amount so becomes due, or is so paid, prepaid or converted, being referred to as the "Funding Breakage Date"), the Borrower shall pay each the Lender an amount ("Funding Breakage Indemnity") determined by such the Lender by calculating the following amount: (A) the principal amount of such Funding Segment of the Loans owing to such the Lender which so became due, or which was so paid, prepaid or converted, times (B) the greater of (x) zero or (y) the rate of interest applicable to such principal amount on the Funding Breakage Date minus the market LIBID Rate as of the Funding Breakage Date, times (C) the number of days from and including the Funding Breakage Date to but not including the last day of such Funding Period, times (D) 1/360. Such Funding Breakage Indemnity shall be due and payable on demand and each Lender demand. In addition, the Borrower shall, upon making on the due date for payment of any Funding Breakage Indemnity, pay to the Lender an additional amount equal to interest on such demand, notify Funding Breakage Indemnity from the Agent Funding Breakage Date to but not including such due date at the Base Rate Option (calculated on the basis of the amount so demandeda year of 360 days and actual days elapsed). The amount payable to the Lender under this Section 2.10(b) shall be determined in good faith by such the Lender, and such determination shall be conclusive absent manifest error.

Appears in 1 contract

Samples: Credit Agreement (Black Box Corp)

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