Common use of LIBOR Breakage Clause in Contracts

LIBOR Breakage. (a) To induce Lenders to provide the Eurodollar Rate option on the terms provided herein, if (i) any Eurodollar Loans are repaid in whole or in part prior to the last day of any applicable Interest Period (whether that repayment is made pursuant to any provision of this Agreement or any other Loan Document or is the result of acceleration, by operation of Law or otherwise); (ii) Borrower shall default in making any borrowing of, conversion into or continuation of Eurodollar Loans after Borrower has given notice requesting the same in accordance herewith (other than as a result of a default by a Lender); or (iii) Borrower shall fail to make any prepayment of a Eurodollar Loan after Borrower has given a notice thereof in accordance herewith, Borrower shall indemnify and hold harmless each Lender from and against all losses, costs and reasonable and documented out-of-pocket expenses resulting from or arising from any of the foregoing. Such indemnification shall include any loss or expense arising from the reemployment of funds obtained by it (but excluding loss of anticipated profit) or from fees payable to terminate deposits from which such funds were obtained. For the purpose of calculating amounts payable to a Lender under this subsection, each Lender shall be deemed to have actually funded its relevant Eurodollar Loan through the purchase of a deposit bearing interest at the Eurodollar Rate in an amount equal to the amount of that Eurodollar Loan and having a maturity comparable to the relevant Interest Period; provided, however, that each Lender may fund each of its Eurodollar Loans in any manner it sees fit, and the foregoing assumption shall be utilized only for the calculation of amounts payable under this subsection. This covenant shall survive the termination of this Agreement and all other Obligations. As promptly as practicable under the circumstances, each Lender shall provide Borrower with its written calculation of all amounts payable pursuant to this Section 2.10, and such calculation shall be binding on the parties hereto unless Borrower shall object in writing within ten (10) Business Days of receipt thereof, specifying the basis for such objection in reasonable detail.

LIBOR Breakage. (a) To induce Lenders to provide the Eurodollar LIBOR Rate option on the terms provided herein, if (i) any Eurodollar LIBOR Loans are repaid in whole or in part prior to the last day of any applicable Interest LIBOR Period (whether that repayment is made pursuant to any provision of this Agreement or any other Loan Document or is the result of acceleration, by operation of Law law or otherwise); (ii) Borrower shall default in payment when due of the principal amount of or interest on any LIBOR Loan; (iii) Borrower shall default in making any borrowing of, conversion into or continuation of Eurodollar LIBOR Loans after Borrower has given notice requesting the same in accordance herewith (other than as a result of a default by a Lender)herewith; or (iiiiv) Borrower shall fail to make any prepayment of a Eurodollar LIBOR Loan after Borrower has given a notice thereof in accordance herewith, Borrower shall indemnify and hold harmless each Lender from and against all losseslosses (other than lost profits), costs and reasonable and documented out-of-pocket expenses resulting from or arising from any of the foregoing. Such indemnification shall include any loss (other than lost profits) or expense arising from the reemployment of funds obtained by it (but excluding loss of anticipated profit) or from fees payable to terminate deposits from which such funds were obtained. For the purpose of calculating amounts payable to a Lender under this subsection, each Lender shall be deemed to have actually funded its relevant Eurodollar LIBOR Loan through the purchase of a deposit bearing interest at the Eurodollar LIBOR Rate in an amount equal to the amount of that Eurodollar LIBOR Loan and having a maturity comparable to the relevant Interest LIBOR Period; provided, however, that each Lender may fund each of its Eurodollar LIBOR Loans in any manner it sees fit, and the foregoing assumption shall be utilized only for the calculation of amounts payable under this subsection. This covenant shall survive the termination of this Agreement and the payment of the Notes and all other Obligations. As promptly as practicable under the circumstances, each Lender shall provide Borrower with its written calculation of all amounts payable pursuant to this Section 2.10, and such calculation shall shall, absent manifest error, be binding on the parties hereto unless Borrower shall object in writing within ten (10) Business Days of receipt thereof, specifying the basis for such objection in reasonable detail.