Common use of Yield Maintenance Clause in Contracts

Yield Maintenance. The Borrowers shall pay, jointly and severally, to the Agent for the account of each Bank, upon the request of such Bank through the Agent, such amount or amounts as shall be sufficient (in the reasonable opinion of such Bank) to compensate it for any loss, cost, or expense incurred as a result of. (i) any payment of a LIBOR Loan on a date other than the last day of the Interest Period for such Loan; (ii) any failure by a Borrower to borrow a LIBOR Loan on the date specified by a Borrower’s written notice; or (iii) any failure of a Borrower to pay a LIBOR Loan on the date for payment specified in a Borrower’s written notice. Without limiting the foregoing, the Borrowers shall pay to the Agent for the account of each such Bank, 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 chosen pursuant to the Fixed Rate Election as to which the prepayment is made, shall be subtracted from the Fixed 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 prepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the 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 the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to each such Bank upon the payment of a LIBOR Loan. Each reference in this paragraph to “

Yield Maintenance. The Borrowers shall payIf, jointly and severally, to the Agent for the account of each Bank, upon the request of such Bank through the Agent, such amount or amounts as shall be sufficient (in the reasonable opinion of such Bank) to compensate it for at any loss, cost, or expense incurred as a result of. time (i) any payment of Loan is a LIBOR Loan on a date other than the last day of the Interest Period for such Libor Loan; , and (ii) any failure by the Bank in its sole discretion should determine that current market conditions can accommodate a Borrower to borrow a LIBOR Loan on the date specified by a Borrower’s written notice; or (iii) any failure of a Borrower to pay a LIBOR Loan on the date for payment specified in a Borrower’s written notice. Without limiting the foregoingprepayment request, the Borrowers Borrower shall have the right at such time and from time to time to prepay such Loan in whole (but not in part), and the Borrower shall pay to the Agent for the account of each such Bank, Bank a “yield maintenance fee” 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 maturity date of the term chosen pursuant to the Fixed Rate Election as to which the prepayment is made, shall be subtracted from the Fixed Rate Cost of Funds component of the fixed 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 prepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the above number of days remaining in the designated term and using the above-referenced United States Treasury securities security rate and the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which the prepayment is made. The resulting amount shall be the yield maintenance fee due to each such the Bank upon prepayment of the payment of a LIBOR Libor Loan. Each reference in this paragraph to “"Fixed Rate Election" shall mean the election by the Borrower pursuant to Section 2.3 of this Agreement. If by reason of an Event of Default the Bank elects to declare any Loan to be immediately due and payable, then the foregoing amount with respect to such Loan shall become due and payable in the same manner as though the Borrower had exercised such right of prepayment.

Yield Maintenance. The Borrowers shall pay, jointly and severally, pay to the Agent for the account of each Bank, upon the request of such Bank through the Agent, such amount or amounts as shall be sufficient (in the reasonable opinion of such Bank) to compensate it for any loss, cost, or expense incurred as a result of. : (i) any payment of a LIBOR Fixed Rate Loan on a date other than the last day of the Interest Period for such Loan; (ii) any failure by a Borrower to borrow a LIBOR Fixed Rate Loan on the date specified by a Borrower’s 's written notice; or (iii) any failure of a Borrower to pay a LIBOR Fixed Rate Loan on the date for payment specified in a Borrower’s 's written notice. Without limiting the foregoing, the Borrowers shall pay to the Agent for the account of each such Bank, 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 chosen pursuant to the Fixed Rate Election as to which the prepayment is made, shall be subtracted from the Fixed 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 prepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the 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 the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to each such Bank upon the payment of a LIBOR Fixed Rate Loan. Each reference in this paragraph to “"

Yield Maintenance. The Borrowers shall pay, jointly and severally, pay to the Agent for the account of each Bank, upon the request of such Bank through the Agent, such amount or amounts as shall be sufficient (in the reasonable opinion of such Bank) to compensate it for any loss, cost, or expense incurred as a result of. . (i) any payment of a LIBOR Loan on a date other than the last day of the Interest Period for such Loan; (ii) any failure by a Borrower to borrow a LIBOR Loan on the date specified by a Borrower’s 's written notice; or (iii) any failure of a Borrower to pay a LIBOR Loan on the date for payment specified in a Borrower’s 's written notice. Without limiting the foregoing, the Borrowers shall pay to the Agent for the account of each such Bank, 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 chosen pursuant to the Fixed Rate Election as to which the prepayment is made, shall be subtracted from the Fixed 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 prepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the 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 the number of days remaining in the term chosen pursuant to the Fixed Rate Election as to which prepayment is made. The resulting amount shall be the yield maintenance fee due to each such Bank upon the payment of a LIBOR Loan. Each reference in this paragraph to “"Fixed Rate Election" shall mean the election by a Borrower of a Loan to bear interest based on the Fixed Rate. If by reason of an Event of Default, the Agent and/or the Banks elect to declare the Loans and/or the Notes to be immediately due and payable, then any yield maintenance fee with respect to a LIBOR Loan shall become due and payable in the same manner as though the Borrowers have exercised such right of prepayment.