Common use of Request for Borrowing Irrevocable Clause in Contracts

Request for Borrowing Irrevocable. Each Request for Borrowing completed and signed by the Borrowers of a Fund Group in accordance with Section 2.3(a) shall be irrevocable and binding on the Borrowers of such Fund Group, and in the case of any Borrowing that the related Request for Borrowing specifies is to be comprised of a SOFR Loan, the Borrowers of the applicable Fund Group shall indemnify each Lender against any cost, loss or expense incurred by such Lender, either directly or indirectly, as a result of any failure by the Borrowers to fulfill on or before the date specified in such Request for Borrowing the applicable conditions set forth in Section 6.2, either directly or indirectly including any cost, loss or expense incurred by the Administrative Agent or such Lender by reason of the liquidation or reemployment of funds acquired by such Lender in order to fund such requested Borrowing except to the extent such cost, loss or expense is due to the gross negligence or willful misconduct of such Person. A certificate of such Lender setting forth the amount of any such cost, loss or expense, and the basis for the determination thereof and the calculation thereof, shall be delivered to the Borrowers of the applicable Fund Group and shall, in the absence of a manifest error, be conclusive and binding.

Appears in 8 contracts

Sources: Revolving Credit Agreement (AB Private Credit Investors Corp), Revolving Credit Agreement (AB Private Credit Investors Corp), Revolving Credit Agreement (AB Private Credit Investors Corp)

Request for Borrowing Irrevocable. Each Request for Borrowing completed and signed by the Borrowers of a Fund Group in accordance with Section 2.3(a) shall be irrevocable and binding on the Borrowers of such Fund Group, and in the case of any Borrowing that the related Request for Borrowing specifies is to be comprised of a SOFR LIBOR Rate Loan, the Borrowers of the applicable Fund Group shall indemnify each Lender against any cost, loss or expense incurred by such Lender, either directly or indirectly, as a result of any failure by the Borrowers to fulfill on or before the date specified in such Request for Borrowing the applicable conditions set forth in Section 6.2, either directly or indirectly including any cost, loss or expense incurred by the Administrative Agent or such Lender by reason of the liquidation or reemployment of funds acquired by such Lender in order to fund such requested Borrowing except to the extent such cost, loss or expense is due to the gross negligence or willful misconduct of such Person. A certificate of such Lender setting forth the amount of any such cost, loss or expense, and the basis for the determination thereof and the calculation thereof, shall be delivered to the Borrowers of the applicable Fund Group and shall, in the absence of a manifest error, be conclusive and binding.

Appears in 1 contract

Sources: Revolving Credit Agreement (AB Private Credit Investors Corp)