Swap Breakage Amount definition

Swap Breakage Amount means, with respect to the Swap Agreement associated with any Swapped Note, in determining the Net Loss or Net Gain, the amount that would be received (in which case the Swap Breakage Amount shall be positive) or paid (in which case the Swap Breakage Amount shall be negative) by the holder of such Swapped Note as if such Swap Agreement had terminated due to the occurrence of an event of default or an early termination under the ISDA 1992 Multi-Currency Cross Border Master Agreement or ISDA 2002 Master Agreement, as applicable (the “ISDA Master Agreement”); provided, however, that if such holder (or its predecessor in interest with respect to such Swapped Note) was, but is not at the time, a party to an Original Swap Agreement but is a party to a New Swap Agreement, then the Swap Breakage Amount shall mean the lesser of (x) the gain or loss (if any) which would have been received or incurred (by payment, through off-set or netting or otherwise) by the holder of such Swapped Note under the terms of the Original Swap Agreement (if any) in respect of such Swapped Note to which such holder (or any affiliate thereof) was a party (or if such holder was never a party to an Original Swap Agreement, then the last Original Swap Agreement to which the most recent predecessor in interest to such holder as a holder of a Swapped Note was a party) and which would have arisen as a result of the payment of the Swapped Note Called Principal on the Swapped Note Settlement Date and (y) the gain or loss (if any) actually received or incurred by the holder of such Swapped Note, in connection with the payment of such Swapped Note Called Principal on the Swapped Note Settlement Date, under the terms of the New Swap Agreement to which such holder (or any affiliate thereof) is a party. The holder of such Swapped Note will make all calculations related to the Swap Breakage Amount in good faith and in accordance with its customary practices for calculating such amounts under the ISDA Master Agreement pursuant to which such Swap Agreement shall have been entered into and assuming for the purpose of such calculation that there are no other transactions entered into pursuant to such ISDA Master Agreement (other than such Swap Agreement).

Swap Breakage Amount is defined in Section 8.8.

Swap Breakage Amount means, with respect to the Swap Agreement associated with any Swapped Note, the amount that is received (in which case the Swap Breakage Amount shall be referred to as the “Swap Breakage Gain”) or paid (in which case the Swap Breakage Amount shall be referred to as the “Swap Breakage Loss”) by the holder of such Swapped Note in connection with a termination or amendment of its Swap Agreement resulting from a Swap Unwind Event, where:

Examples of Swap Breakage Amount in a sentence

• The holder of such Swapped Note will make all calculations related to the Swap Breakage Amount in good faith and in accordance with its customary practices for calculating such amounts under the ISDA Master Agreement pursuant to which such Swap Agreement shall have been entered into and assuming for the purpose of such calculation that there are no other transactions entered into pursuant to such ISDA Master Agreement (other than such Swap Agreement).

• Each holder of a Swapped Note shall be responsible for calculating its own Net Loss or Net Gain, as the case may be, and Swap Breakage Amount in Dollars upon the prepayment or repayment of all or any portion of such Swapped Note, and such calculations as reported to the Company in reasonable detail shall be binding on the Company absent demonstrable error.

• If the Issuer Swap Breakage Amount is a positive amount, Party B shall pay such Issuer Swap Breakage Amount to Party A, and if the Issuer Swap Breakage Amount is a negative amount, Party A shall pay the absolute value of such Issuer Swap Breakage Amount to Party B, in each case, on or before two Business Days following the date such Issuer Swap Breakage Amount is calculated by the Calculation Agent and notified to Party A and Party B.

• Each holder of a Swapped Note shall be responsible for calculating its own Net Loss or Net Gain, as the case may be, and Swap Breakage Amount in U.S. Dollars upon the prepayment or repayment of all or any portion of such Swapped Note, and such calculations as reported to the Issuer in reasonable detail shall be binding on the Issuer absent demonstrable error (and, for the avoidance of doubt, in the case where there is demonstrable error, the Issuer shall have the right to dispute such calculations).

• The Swap Breakage Amount, Net Gain and Net Loss shall be payable in U.S. Dollars (other than any reduction to principal or interest of a Swapped Note to the extent of any Net Gain, which shall be payable in GBP).

More Definitions of Swap Breakage Amount

Swap Breakage Amount means, with respect to any Swap Agreement associated with any Swapped Note, in determining the Net Loss or Net Gain, the amount that would be received (in which case the Swap Breakage Amount shall be positive) or paid (in which case the Swap Breakage Amount shall be negative) by the holder of such Swapped Note as if such Swap Agreement had terminated due to an early termination, which shall be an amount equal to the “Settlement Amount” as defined by the International Swap and Derivatives Association, Inc.’s standard 1992 Multicurrency-Cross Border Master Agreement (the “Master Agreement”) where:

Swap Breakage Amount has the meaning set forth in the Loan Agreement.

Swap Breakage Amount means, with respect to the Swap Agreement associated with any Swapped Note, in determining the Net Loss or Net Gain, the amount that would be received (in which case the Swap Breakage Amount shall be positive) or paid (in which case the Swap Breakage Amount shall be negative) by the holder of such Swapped Note as if such Swap Agreement had terminated due to the occurrence of an event of default or an early termination under the ISDA 1992 Multi-Currency Cross Border Master Agreement or ISDA 2002 Master Agreement, as applicable (the "ISDA Master Agreement"); provided, however, that if such holder (or its predecessor in interest with respect to such Swapped Note) was, but is not at the time, a party to an Original Swap Agreement but is a party to a New Swap Agreement, then the Swap Breakage Amount shall mean the lesser of (a) the gain or loss (if any) which would have been received or incurred (by payment, through off-set or netting or otherwise) by the holder of such Swapped Note under the terms of the Original Swap Agreement (if any) in respect of such Swapped Note to which such holder (or any affiliate thereof) was a party (or, if such holder was never a party to an Original Swap Agreement, then the last Original Swap Agreement to which the most recent predecessor in interest to such holder as a holder of a Swapped Note was a party) and which would have arisen as a result of the payment of the Swapped Note Called Principal on the Swapped Note Settlement Date and (b) the gain or loss (if any) actually received or incurred by the holder of such Swapped Note, in connection with the payment of such Swapped Note Called Principal on the Swapped Note Settlement Date, under the terms of the New Swap Agreement to which such holder (or any affiliate thereof) is a party. The holder of such Swapped Note will make all calculations related to the Swap Breakage Amount acting reasonably and honestly and in accordance with its customary practices for calculating such amounts under the ISDA Master Agreement pursuant to which such Swap Agreement shall have been entered into and assuming, for the purpose of such calculation, that there are no other transactions entered into pursuant to such ISDA Master Agreement (other than such Swap Agreement).

Swap Breakage Amount means an amount computed by the Loan Participant (or its Affiliate) as if the Loan Participant (or its Affiliate) had entered into a hypothetical swap transaction with the Lessee in respect of the Loan Participant’s Note, the terms of which are as follows: The definitions and provisions contained in the 2000 ISDA Definitions (the “Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”) are incorporated in this deemed Confirmation. In the event of any inconsistency between those definitions and provisions and this deemed Confirmation this deemed Confirmation will govern. Effective Date: Closing Date. Termination Date: April 21, 2013. Fixed Amounts: Fixed Rate Payer: Lessee.

Swap Breakage Amount means, with respect to any Swap Agreement associated with any Swapped Note, in determining the Net Loss or Net Gain, the amount that would be received (in which case the Swap Breakage Amount shall be positive) or paid (in which case the Swap Breakage Amount shall be negative) by the holder of such Swapped Note as if such Swap Agreement had terminated due to an early termination, which shall be an amount equal to the “Settlement Amount” as defined by the International Swap and Derivatives Association, Inc.’s standard 1992 Multicurrency-Cross Border Master Agreement (the “Master Agreement” ) where:

Swap Breakage Amount means, with respect to each Loan, in the event of a prepayment of such Loan pursuant to Section 10(f) -------------------- of the Credit Agreement, the prepayment of such Loan following acceleration pursuant to Section 12(a) of the Credit Agreement or the prepayment or purchase of such Loan pursuant to Section 10(h) of the Credit Agreement the amount payable in connection with the early termination of the applicable Swap, as determined pursuant to Schedule IV of the Credit Agreement.

Swap Breakage Amount id defined in Section 8.10.