Common use of Payments Not at End of Interest Period Clause in Contracts

Payments Not at End of Interest Period. If the Borrowers for any reason make any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of the Interest Period applicable to such LIBOR Rate Loan, including without limitation by reason of acceleration, or fail to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.6, the Borrowers shall pay to the Agent, jointly and severally, for the ratable account of the Lenders, any amounts required to compensate the Lenders for any additional losses, costs or expenses which they may reasonably incur as a result of such payment or failure to borrow, including without limitation, any loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other funds acquired by the Lenders to fund or maintain such LIBOR Rate Loan. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan provided for herein MINUS (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrowers, jointly and severally, shall pay such amount upon presentation by the Agent of a statement setting forth the amount and the Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest error.

Appears in 2 contracts

Samples: Credit Agreement (American Skiing Co /Me), Credit Agreement (American Skiing Co /Me)

AutoNDA by SimpleDocs

Payments Not at End of Interest Period. If Borrower may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to Lender (which notice shall be irrevocable), and any such prepayment shall occur only on the Borrowers last day of the Interest Period for such LIBOR Rate Loan. Borrower shall pay to Lender, upon request of Lender, a "yield maintenance fee" (as described below) to compensate it for any reason make loss, cost, or expense incurred as a result of: (i) any payment of principal with respect to any a LIBOR Rate Loan on any day a date other than the last day of the Interest Period applicable to for such LIBOR Rate Loan, including without limitation ; (ii) any failure by reason of acceleration, or fail Borrower to borrow a LIBOR Rate Loan after electing on the date specified by Borrower's written notice; (iii) any failure by Borrower to pay a LIBOR Pricing Option Rate Loan on the date for payment specified in Borrower's written notice. Such "yield maintenance fee" shall be computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with respect thereto a maturity date closest to the term chosen pursuant to Section 2.6the Fixed Rate Election (as defined below) as to which the prepayment is made, shall be subtracted from the Borrowers LIBOR in effect at the time of prepayment. If the result is zero or a negative number, there shall pay be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the Agent, jointly Fixed Rate Election as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and severally, for the ratable account number of days remaining in the Lenders, any amounts required term chosen pursuant to compensate the Lenders for any additional losses, costs or expenses Fixed Rate Election as to which they may reasonably incur as prepayment is made. The resulting amount shall be the yield maintenance fee due to Lender upon the payment of a result of such payment or failure to borrow, including without limitation, any loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other funds acquired by the Lenders to fund or maintain such LIBOR Rate Loan. Such compensation may include, without limitation, an amount equal Each reference in this paragraph to (a) "Fixed Rate Election" shall mean the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day election by Borrower of the LIBOR Rate. If by reason of an Event of Default, Lender elects to declare the Notes to be immediately due and payable, then current Interest Period for such any yield maintenance fee with respect to a LIBOR Rate Loan (or, shall become due and payable in the case same manner as though Borrower had exercised such right of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan provided for herein MINUS (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrowers, jointly and severally, shall pay such amount upon presentation by the Agent of a statement setting forth the amount and the Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest errorprepayment.

Appears in 2 contracts

Samples: Loan Agreement (Eastern Co), Loan Agreement (Eastern Co)

Payments Not at End of Interest Period. If The Borrowers may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to the Agent (which notice shall be irrevocable), and any such prepayment shall occur only on the last day of the Interest Period for such LIBOR Rate Loan. The Borrowers shall pay to Agent, for the account of the Lenders, upon request of the Agent, such amount or amounts as shall be sufficient (in the reasonable opinion of the Agent) to compensate for any reason make loss, cost, or expense incurred as a result of: (a) any payment of principal with respect to any a LIBOR Rate Loan on any day a date other than the last day of the Interest Period applicable to for such LIBOR Rate Loan, including without limitation ; (b) any failure by reason of acceleration, or fail the Borrowers to borrow a LIBOR Rate Loan after electing on the date specified by the Borrowers' written notice; and (c) any failure by the Borrowers to pay a LIBOR Pricing Option with respect thereto pursuant to Section 2.6Rate Loan on the date for payment specified in the Borrowers' written notice. Without limiting the foregoing, the Borrowers shall pay to the Agent, jointly and severally, for the ratable account of the Lenders, any amounts required a "yield maintenance fee" in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to compensate a bond equivalent) with a maturity date closest to the Lenders for any additional losses, costs or expenses which they may reasonably incur as a result term of such payment or failure to borrow, including without limitation, any loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other funds acquired by the Lenders to fund or maintain such LIBOR Rate Loan. Such compensation may include, without limitation, an amount equal Loan as to (a) which the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, prepayment prior to the last day of the then current an Interest Period is made, shall be subtracted from the LIBOR Rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being repaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term for such LIBOR Rate Loan (or, as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the case term for such LIBOR Rate Loan as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to the Agent, for the account of the Lenders, upon the prepayment of a failure to borrow, to LIBOR Rate Loan on a day other than the last day of the applicable Interest Period for Period. If by reason of an Event of Default, any of the Lender Obligations are declared to be immediately due and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan which would have commenced on shall become due and payable in the date same manner as though the Borrowers had exercised such right of such failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan provided for herein MINUS (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrowers, jointly and severally, shall pay such amount upon presentation by the Agent of a statement setting forth the amount and the Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest errorprepayment.

Appears in 1 contract

Samples: Credit Agreement (Booth Creek Ski Holdings Inc)

Payments Not at End of Interest Period. If the Borrowers Borrower -------------------------------------- for any reason make makes any payment of principal with respect to any LIBOR Libor Loan or Matched Rate Loan on any day other than the last day of the an Interest Period applicable to such LIBOR Libor Loan or Matched Rate Loan, Loan (including without limitation specifically in the event of the making of the mandatory prepayment required by reason of acceleration, Section 2.3.6. hereof) or fail fails to borrow or continue or convert to a LIBOR Libor Loan or a Matched Rate Loan after electing giving a LIBOR Pricing Option with respect thereto Notice pursuant to Section 2.62.4.3. hereof, the Borrowers or if any Libor Loan or Matched Rate Loan is accelerated pursuant to Section 12.1. hereof, Borrower shall pay to the Agent, jointly and severally, for the ratable account of the Lenders, any amounts required to compensate the Lenders for any additional losses, costs or expenses which they may reasonably incur as a result of such payment or failure to borrow, including without limitation, any loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other funds acquired by the Lenders to fund or maintain such LIBOR Rate Loan. Such compensation may include, without limitation, an amount equal to Bank (ai) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan (or, all Breakage Costs in the case of a failure Libor Loan and (ii) in the case of a Matched Rate Loan, an amount computed pursuant to borrow, the following formula: The latest published rate preceding the date of prepayment for United States Treasury Notes or Bills (Bills on a discounted basis shall be converted to a bond equivalent) as published weekly in the Federal Reserve Statistical Release with a maturity date closest to the last day date of the then applicable Interest Period for as to which the LIBOR Rate Loan which would have commenced on prepayment is made shall be subtracted from the interest rate in effect at the time of prepayment with respect to the indebtedness being paid. If the result is zero or a negative number, there shall be no prepayment premium. If the result is positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaid. The resulting amount will be divided by 360 and multiplied by the number of days remaining in the then applicable Interest Period. Said amount shall be reduced to present value calculated by using the above-referenced United States Treasury Note or Xxxx rate as of the date of such failure to borrow), at prepayment as the applicable rate of interest for such LIBOR Rate Loan provided for herein MINUS (b) discount rate. The resulting amount shall be the amount of interest (as reasonably determined by the Agent), which would accrue and become payable prepayment premium due to the Lenders during such period on the principal repaid or not borrowed if the Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such periodBank upon prepayment. The Borrowers, jointly and severally, Borrower shall pay such amount upon presentation by the Agent Bank of a statement setting forth the amount and the AgentBank's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest error.

Appears in 1 contract

Samples: Master Credit Agreement (Aristotle Corp)

Payments Not at End of Interest Period. The Borrowers may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to the Agent (which notice shall be irrevocable). The Borrowers shall pay to Agent, for the account of the Lenders, upon request of the Agent, the yield maintenance fee described below, to compensate for any loss, cost, or expense incurred as a result of: (i) any payment of a LIBOR Rate Loan on a date other than the last day of the Interest Period for such LIBOR Rate Loan; (ii) any failure by the Borrowers to borrow a LIBOR Rate Loan on the date specified by the Borrowers; and (iii) any failure by the Borrowers to pay a LIBOR Rate Loan on the date for payment specified by the Borrowers. The "yield maintenance fee" is an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the term of such LIBOR Rate Loan as to which the prepayment is made, shall be subtracted from the LIBOR Rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being repaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term for such LIBOR Rate Loan as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the term for such LIBOR Rate Loan as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to the Agent, for the account of the Lenders, upon the prepayment of a LIBOR Rate Loan and the Agent shall request such yield maintenance fee from the Borrower upon the request of any Lender. If by reason of an Event of Default, any of the Lender Obligations are declared to be immediately due and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan shall become due and payable in the same manner as though the Borrowers had exercised such right of prepayment. If the Borrowers for any reason make any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of the Interest Period applicable to such LIBOR Rate Loan, including without limitation by reason of acceleration, or fail fails to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.62.2(a) or 2.4, the Borrowers shall pay to the Agent, jointly and severally, for the ratable account of the Lenders, any amounts required to compensate the Lenders for any additional losses, costs or expenses which they may reasonably incur as a result of such payment or failure to borrow, including without limitation, any loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other funds acquired by the Lenders to fund or maintain such LIBOR Rate LoanRevolving Credit Advances. Such Notwithstanding the foregoing, such compensation may include, without limitation, shall not exceed an amount equal to (a) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan Revolving Credit Advance (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan Revolving Credit Advance which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan Revolving Credit Advance provided for herein MINUS minus (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrowers, jointly and severally, Borrowers shall pay such amount upon presentation by the Agent of a statement setting forth the amount and the Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest or mathematical error.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Gerber Scientific Inc)

Payments Not at End of Interest Period. If the Borrowers Borrower for any reason make makes any payment of principal with respect to any LIBOR Libor Loan or Matched Rate Loan on any day other than the last day of the an Interest Period applicable to such LIBOR Libor Loan or Matched Rate Loan, including without limitation by reason of acceleration, Loan or fail fails to borrow or continue or convert to a LIBOR Libor Loan or a Matched Rate Loan after electing giving a LIBOR Pricing Option with respect thereto Notice pursuant to Section 2.62.4.3. hereof, the Borrowers or if any Libor Loan or Matched Rate Loan is accelerated pursuant to Section 12.1. hereof, Borrower shall pay to the Agent, jointly and severally, for the ratable account of the Lenders, any amounts required to compensate the Lenders for any additional losses, costs or expenses which they may reasonably incur as a result of such payment or failure to borrow, including without limitation, any loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other funds acquired by the Lenders to fund or maintain such LIBOR Rate Loan. Such compensation may include, without limitation, an amount equal to Bank (ai) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan (or, all Breakage Costs in the case of a failure Libor Loan and (ii) in the case of a Matched Rate Loan, an amount computed pursuant to borrow, the following formula: The latest published rate preceding the date of prepayment for United States Treasury Notes or Bills (Bills on a discounted basis shall be converted to a bond equivalent) as published weekly in the Federal Reserve Statistical Release with a maturity date closest to the last day date of the then applicable Interest Period for as to which the LIBOR Rate Loan which would have commenced on prepayment is made shall be subtracted from the interest rate in effect at the time of prepayment with respect to the indebtedness being paid. If the result is zero or a negative number, there shall be no prepayment premium. If the result is positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaid. The resulting amount will be divided by 360 and multiplied by the number of days remaining in the then applicable Interest Period. Said amount shall be reduced to present value calculated by using the above-referenced United States Treasury Note or Xxxx rate as of the date of such failure to borrow), at prepayment as the applicable rate of interest for such LIBOR Rate Loan provided for herein MINUS (b) discount rate. The resulting amount shall be the amount of interest (as reasonably determined by the Agent), which would accrue and become payable prepayment premium due to the Lenders during such period on the principal repaid or not borrowed if the Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such periodBank upon prepayment. The Borrowers, jointly and severally, Borrower shall pay such amount upon presentation by the Agent Bank of a statement setting forth the amount and the AgentBank's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest error.

Appears in 1 contract

Samples: Master Credit Agreement (Aristotle Corp)

AutoNDA by SimpleDocs

Payments Not at End of Interest Period. If The Borrowers, jointly and severally, shall pay to Administrative Agent, for the Borrowers account of the Lenders, upon request of the Administrative Agent, such amount or amounts as shall be sufficient (in the reasonable opinion of the Administrative Agent) to compensate for any reason make loss, cost, or expense incurred as a result of: (i) any payment of principal with respect to any a LIBOR Rate Loan on any day a date other than the last day of the Interest Period applicable to for such LIBOR Rate Loan; (ii) any failure by the Borrowers, including without limitation by reason of accelerationjointly and severally, or fail to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.6, on the date specified by the Borrowers' written notice; and (iii) any failure by the Borrowers shall to pay to the Agent, jointly and severally, for the ratable account of the Lenders, any amounts required to compensate the Lenders for any additional losses, costs or expenses which they may reasonably incur as a result of such payment or failure to borrow, including without limitation, any loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other funds acquired by the Lenders to fund or maintain such LIBOR Rate Loan. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan which would have commenced on the date of such failure to borrow)for payment specified in the Borrowers' written notice. Without limiting the foregoing, at the applicable rate of interest for such LIBOR Rate Loan provided for herein MINUS (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrowers, jointly and severally, shall pay to the Administrative Agent, for the account of the Lenders, a "yield maintenance fee" in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the term of such amount upon presentation LIBOR Rate Loan as to which the prepayment is made, shall be subtracted from the LIBOR Rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the Agent amount of the principal balance being repaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term for such LIBOR Rate Loan as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the term for such LIBOR Rate Loan as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to the Administrative Agent, for the account of the Lenders, upon the prepayment of a statement setting forth LIBOR Rate Loan. If by reason of an Event of Default, any of the amount Lender Obligations are declared to be immediately due and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan shall become due and payable in the Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest errorsame manner as though the Borrowers had exercised such right of prepayment.

Appears in 1 contract

Samples: Credit Agreement (Uno Restaurant Corp)

Payments Not at End of Interest Period. The Borrowers may prepay a LIBOR Rate Loan only upon at least three (3) Business Days prior written notice to the Agent (which notice shall be irrevocable). The Borrowers shall pay to Agent, for the account of the Lenders, upon request of the Agent, the yield maintenance fee described below, to compensate for any loss, cost, or expense incurred as a result of: (i) any payment of a LIBOR Rate Loan on a date other than the last day of the Interest Period for such LIBOR Rate Loan; (ii) any failure by the Borrowers to borrow a LIBOR Rate Loan on the date specified by the Borrowers; and (iii) any failure by the Borrowers to pay a LIBOR Rate Loan on the date for payment specified by the Borrowers. The “yield maintenance fee” is an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the term of such LIBOR Rate Loan as to which the prepayment is made, shall be subtracted from the LIBOR Rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being repaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term for such LIBOR Rate Loan as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the term for such LIBOR Rate Loan as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to the Agent, for the account of the Lenders, upon the prepayment of a LIBOR Rate Loan and the Agent shall request such yield maintenance fee from the Borrower upon the request of any Lender. If by reason of an Event of Default, any of the Lender Obligations are declared to be immediately due and payable, then any yield maintenance fee with respect to a LIBOR Rate Loan shall become due and payable in the same manner as though the Borrowers had exercised such right of prepayment. If the Borrowers for any reason make any payment of principal with respect to any LIBOR Rate Loan on any day other than the last day of the Interest Period applicable to such LIBOR Rate Loan, including without limitation by reason of acceleration, or fail fails to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.62.2(a) or 2.4, the Borrowers shall pay to the Agent, jointly and severally, for the ratable account of the Lenders, any amounts required to compensate the Lenders for any additional documented losses, costs or expenses which they may reasonably incur as a result of such payment or failure to borrow, including without limitation, any loss, loss (including lost profits), costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other funds acquired by the Lenders to fund or maintain such LIBOR Rate LoanRevolving Credit Advances. Such Notwithstanding the foregoing, such compensation may include, without limitation, shall not exceed an amount equal to (a) the amount of interest which would have accrued on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan Revolving Credit Advance (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR Rate Loan Revolving Credit Advance which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan Revolving Credit Advance provided for herein MINUS minus (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such period. The Borrowers, jointly and severally, Borrowers shall pay such amount upon presentation by the Agent of a statement setting forth in reasonable detail the amount and the Agent's ’s calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest or mathematical error.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Gerber Scientific Inc)

Payments Not at End of Interest Period. If the The Borrowers for any reason make any payment of principal with respect to any LIBOR may prepay a Eurodollar Rate Loan on any day other than the last day of the Interest Period applicable to such LIBOR Rate Loan, including without limitation by reason of acceleration, or fail to borrow a LIBOR Rate Loan after electing a LIBOR Pricing Option with respect thereto pursuant to Section 2.6, the Borrowers shall pay only upon at least three (3) Business Days prior written notice to the AgentAgent (which notice shall be irrevocable), jointly and severally, for the ratable account of the Lenders, any amounts required to compensate the Lenders for any additional losses, costs or expenses which they may reasonably incur as a result of such payment or failure to borrow, including without limitation, any loss, including lost profits, costs or expenses incurred by reason of the liquidation, reutilization or reemployment of deposits or other funds acquired by the Lenders to fund or maintain such LIBOR Rate Loan. Such compensation may include, without limitation, an amount equal to (a) the amount of interest which would have accrued prepayment shall occur only on the amount so paid or not borrowed, for the period from the date of such payment or failure to borrow, to the last day of the then current Interest Period for such LIBOR Rate Loan (or, in the case of a failure to borrow, to the last day of the Interest Period for the LIBOR such Eurodollar Rate Loan which would have commenced on the date of such failure to borrow), at the applicable rate of interest for such LIBOR Rate Loan provided for herein MINUS (b) the amount of interest (as reasonably determined by the Agent), which would accrue and become payable to the Lenders during such period on the principal repaid or not borrowed if the Lenders, following such repayment or failure to borrow, were to reinvest such principal in U.S. Treasury securities selected by the Agent in an amount equal (as nearly as may be) to the principal so repaid or not borrowed and having a term equal (as near as may be) to such periodLoan. The Borrowers, jointly and severally, shall pay to the Agent, for the account of the Lenders, upon request of the Agent, such amount upon presentation or amounts as shall be sufficient (in the reasonable opinion of the Agent) to compensate for any loss, cost, or expense incurred as a result of: (i) any payment of a Eurodollar Rate Loan on a date other than the last day of the Interest Period for such Eurodollar Rate Loan; (ii) any failure by the Agent Borrowers to borrow a Eurodollar Rate Loan on the date specified by the Borrowers' written notice; and (iii) any failure by the Borrowers to pay a Eurodollar Rate Loan on the date for payment specified in the Borrowers' written notice. Without limiting the foregoing, the Borrowers, jointly and severally, shall pay to the Agent, for the account of the Lenders, a "yield maintenance fee" in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the term of such Eurodollar Rate Loan as to which the prepayment is made, shall be subtracted from the Eurodollar Rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being repaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term for such Eurodollar Rate Loan as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above referenced United States Treasury securities rate and the number of days remaining in the term for such Eurodollar Rate Loan as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to the Agent, for the account of the Lenders, upon the prepayment of a statement setting forth Eurodollar Rate Loan. If by reason of an Event of Default, any of the amount Lender Obligations are declared to be immediately due and payable, then any yield maintenance fee with respect to a Eurodollar Rate Loan shall become due and payable in the Agent's calculation thereof pursuant hereto, which statement shall be deemed true and correct absent manifest errorsame manner as though the Borrowers had exercised such right of prepayment.

Appears in 1 contract

Samples: Credit Agreement (Tweeter Home Entertainment Group Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.