Indemnification for Break Funding Losses. Notwithstanding anything contained herein to the contrary, if (i) the Borrower shall fail to borrow on the Borrowing Date, if it shall have requested a LIBOR Loan, or shall fail to convert on a Conversion Date, after it shall have given notice to do so in which it shall have requested a LIBOR Loan pursuant to Section 2.8, or (ii) a LIBOR Loan shall be terminated or prepaid for any reason prior to the last day of the Interest Period applicable thereto (including, without limitation, any mandatory prepayment or a prepayment resulting from acceleration or illegality), the Borrower agrees to indemnify each Credit Party against, and to pay on demand directly to such Credit Party, any loss or expense suffered by such Credit Party as a result of such failure to borrow or convert, or such termination or repayment, including, without limitation, an amount, if greater than zero, equal to: A x (B-C) x D 360 where: “A” equals such Credit Party’s pro rata share of the Affected Principal Amount; “B” equals the applicable LIBOR; “C” equals the applicable LIBOR (expressed as a decimal) in effect on or about the first day of the applicable Remaining Interest Period, based on the applicable rates offered or bid, as the case may be, on or about such date, for deposits in an amount equal approximately to such Credit Party’s pro rata share of the Affected Principal Amount with an Interest Period equal approximately to the applicable Remaining Interest Period, as determined by such Credit Party;
Indemnification for Break Funding Losses. The Borrower shall compensate each Credit Party for any loss (other than lost profit) or expense (including, without limitation, any loss or expense arising from re-employment of funds obtained by such Credit Party in order to make or maintain a Eurodollar Advance or from any payment by such Credit Party to the lenders of such funds) which such Credit Party may sustain or incur in the event that (i) the Borrower fails to pay when due the principal amount of or interest on any Eurodollar Advance, (ii) the Borrower fails to make a borrowing of, conversion into or continuation of a Eurodollar Advance after the Borrower has given a notice requesting the same, (iii) the Borrower fails to make any prepayment of a Eurodollar Advance after the Borrower has given a notice thereof, (iv) any payment of a Eurodollar Advance is made on any day other than a scheduled payment date therefor or the last day of an Interest Period with respect thereto (including any mandatory prepayment or a prepayment resulting from acceleration or illegality), or (v) a Eurodollar Advance is automatically converted to an ABR Loan on any other day other than the last day of the Interest Period with respect thereto. Such compensation may include an amount equal to the excess, if any, of (i) the amount of interest (excluding any margin included therein) which would have accrued on the amount so paid, prepaid or converted, or not so borrowed, prepaid, converted or continued, for the period from the date of such payment, prepayment or conversion or of such failure to borrow, prepay, convert or continue to the last day of such Interest Period (or, in the case of a failure to borrow, prepay, convert or continue, the Interest Period that would have commenced on the date of such failure) in each case at the Eurodollar Rate which is applicable or would have been applicable to such Eurodollar Advance over (ii) the amount of interest (as reasonably determined by the Bank) which would have accrued on such amount by placing such amount on deposit for a comparable period with leading banks in the London interbank eurodollar market. A statement setting forth the calculations of any amounts payable pursuant to this Section submitted by a Credit Party to the Borrower shall be conclusive and binding on the Borrower absent manifest error. The obligations of the Borrower under this Section shall survive the termination of this Agreement and the Commitments and the payment of the Notes and all other amounts paya...
Indemnification for Break Funding Losses. 2.16. Use of Proceeds. 2.17. Capital Adequacy. 2.18. Administrative Agent's Records. 2.19. Increase of the Total Commitment Amount.
Indemnification for Break Funding Losses. 49 2.17. Use of Proceeds .................................................................. 50 2.18.
Indemnification for Break Funding Losses. Notwithstanding anything contained herein to the contrary, if (i) the Borrower shall fail to borrow or convert on a Borrowing Date or Conversion Date after it shall have given notice to do so in which it shall have requested a Eurodollar Advance pursuant to Section 2.3 or 2.8, (ii) the Borrower shall fail to borrow after having accepted one or more offers of Competitive Bid Advances under Section 2.4, or (iii) a Eurodollar Advance or Competitive Bid Advance shall be terminated or prepaid for any reason prior to the last day of the Interest Period applicable thereto (including, without limitation, any mandatory prepayment or a prepayment resulting from acceleration or illegality), the Borrower agrees to indemnify each Credit Party against, and to pay on demand directly to such Credit Party, any loss or expense suffered by such Credit Party as a result of such failure to borrow or convert, or such termination or repayment, including, without limitation, an amount, if greater than zero, equal to: A x (B-C) x D --- 360 where:
Indemnification for Break Funding Losses. Notwithstanding anything contained herein to the contrary, if (a) the Borrower shall fail to borrow on the Borrowing Date, if it shall have requested a LIBOR Loan, or shall fail to convert on a Conversion Date, after it shall have given notice to do so in which it shall have requested a LIBOR Loan pursuant to Section 2.3 or 2.8, or (b) a LIBOR Loan shall be terminated or prepaid for any reason prior to the last day of the Interest Period applicable thereto (including, without limitation, any mandatory prepayment or a prepayment resulting from acceleration or illegality), the Borrower agrees to indemnify each Credit Party against, and to pay on demand directly to such Credit Party, any loss or expense suffered by such Credit Party as a result of such failure to borrow or convert, or such termination or repayment, including, without limitation, an amount, if greater than zero, equal to: A x (B-C) x D/360 where: “A” equals such Credit Party’s pro rata share of the Affected Principal Amount;
Indemnification for Break Funding Losses. Notwithstanding anything contained herein to the contrary, if (i) the Borrower shall fail to borrow or convert on a Borrowing Date or Conversion Date after it shall have given notice to do so in which it shall have requested a Eurodollar Advance pursuant to Section 2.3 or 2.9, (ii) the Borrower shall fail to borrow after having accepted one or more offers of Competitive Bid Advances under Section 2.4, (iii) the Borrower shall fail to borrow after having requested a Swingline Loan pursuant to Section 2.8, (iv) a Eurodollar Advance, Competitive Bid Advance or Swingline Loan shall be terminated or prepaid for any reason prior to the last day of the Interest Period applicable thereto (including, without limitation, any mandatory prepayment or a prepayment resulting from acceleration or illegality), or (v) the Swingline Rate applicable to any Swingline Loan shall be converted to the Alternate Base Rate pursuant to Section 2.11(a) and, at the time of such conversion, an Event of Default exists, the Borrower agrees to indemnify each Credit Party against, and to pay on demand directly to such Credit Party, any loss or expense suffered by such Credit Party as a result of such failure to borrow or convert, or such termination or repayment, including, without limitation, an amount, if greater than zero, equal to: A x (B-C) x D --- 360 where:
Indemnification for Break Funding Losses. Notwithstanding anything contained herein to the contrary, if (i) the Borrower shall fail to borrow or convert on a Borrowing Date or Conversion Date after it shall have given notice to do so in which it shall have requested a Eurodollar Advance pursuant to Section 2.3 or 2.8, or (ii) a Eurodollar Advance shall be terminated or prepaid for any reason prior to the last day of the Interest Period applicable thereto (including, without limitation, any mandatory prepayment or a prepayment resulting from acceleration or illegality), the Borrower agrees to indemnify each Credit Party against, and to pay on demand directly to such Credit Party, any loss or expense suffered by such Credit Party as a result of such failure to borrow or convert, or such termination or repayment, including, without limitation, an amount, if greater than zero, equal to:
Indemnification for Break Funding Losses. Notwithstanding anything contained herein to the contrary, if (i) the Borrower shall fail to borrow or convert on a Borrowing Date or Conversion Date after it shall have given notice to do so in which it shall have requested a LIBOR Loan pursuant to Section 2.3 or 2.8, or (ii) a LIBOR Loan shall be terminated or prepaid for any reason prior to the last day of the Interest Period applicable thereto (including, without limitation, any mandatory prepayment or a prepayment resulting from acceleration or illegality), the Borrower agrees to indemnify each Credit Party against, and to pay on demand directly to such Credit Party, any loss or expense suffered by such Credit Party as a result of such failure to borrow or convert, or such termination or repayment, including, without limitation, an amount, if greater than zero, equal to: A x (B-C) x D --- 360 where:
Indemnification for Break Funding Losses. 5250 2.16. Use of Proceeds.5351 2.17. Capital Adequacy.5351 2.18. Administrative Agent’s Records.5552 2.19. Increase of the Total Commitment Amount.5552 2.20. Extensions of the Revolving Credit Termination Date.5654
