Failure to Borrow. The Company shall indemnify and hold harmless each Bank in respect of any funding costs and/or losses in the event that any borrowing notified to the Banks pursuant to Section 3.2, relative to Eurodollar Rate Loans, shall not be consummated because of the Company's failure to satisfy one or more of the applicable conditions precedent in Article 4 or because the Company fails to borrow such Term Loans at the specified time.
Failure to Borrow. If for any reason the Borrower fails to borrow under a Loan to be made by UBS on the Borrowing Date for such Loans as provided in Section 2(c) above, or any of the conditions specified in Section 3 shall not have been fulfilled by the time required on such Borrowing Date, then such occurrence shall constitute a "Borrowing Failure" for purposes hereof. Upon the occurrence of a Borrowing Failure, the Borrower shall pay to UBS, in immediately available funds, all Breakage Costs and Make-Whole Amounts owing with respect to the Loans that were to be made on such Borrowing Date.
Failure to Borrow. If the Borrower shall fail or refuse to borrow on the date and in the manner set forth in a Request for Advance under subsection (i) above, or if the Borrower shall fail to repay any Advance on the date identified in writing by the Borrower in the manner set forth under subsection (ii) above, the Borrower shall pay the Lenders' losses and reasonable out-of-pocket expenses in the manner and to the extent set forth in Section 2.10 of this Agreement.
Failure to Borrow. In the event that, in the commercially reasonable judgment of a Forward Counterparty, such Forward Counterparty is unable to borrow and deliver for sale under this Agreement its one-half of the Initial Securities or the Calculation Agent (as such term is defined in the respective Forward Agreement) determines that it is either impracticable for such Forward Counterparty to do so or such Forward Counterparty would incur a stock loan cost in excess of a rate equal to 200 basis points per annum to do so, then such Forward Counterparty shall only be required to deliver for sale to the Underwriters at the Closing Date the aggregate number of shares of Common Stock that such Forward Counterparty is able to so borrow at or below such cost.
Failure to Borrow. In the case of any Fixed Rate Advance, the Borrowers shall jointly and severally indemnify Bank against any loss, cost or expense incurred by Bank as a result of any failure to borrow on the date specified for such Fixed Rate Advance (other than as a result of Bank's failure to make funds available for such Advance), including, without limitation, any loss (excluding loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by Bank to fund such Fixed Rate Advance to be made by Bank when such Fixed Rate Advance is not made on such date.
Failure to Borrow. In the event that, in the commercially reasonable judgment of a Forward Counterparty, such Forward Counterparty is unable to borrow and deliver for sale under this Agreement its pro rata share of the Borrowed Initial Securities or the Calculation Agent (as such term is defined in the respective Forward Agreement) determines that it is either impracticable for such Forward Counterparty to do so or such Forward Counterparty would incur a stock loan cost in excess of a rate equal to 200 basis points per annum to do so, then, in each case, at the Closing Date (i) such Forward Counterparty shall only be required to deliver for sale to the Underwriters the aggregate number of shares of Common Stock that such Forward Counterparty is able to so borrow at or below such cost and (ii) the Company shall issue and sell to each Underwriter, pursuant to this Section, an aggregate number of shares of Common Stock equal to the number of Borrowed Initial Securities that such Forward Counterparty does not so deliver and sell to the Underwriters. In connection with such issuance and sale by the Company, the Company and the Representatives shall have the right to postpone the Closing Date for a period not exceeding two business days in order to effect any required changes in any documents or arrangements. The shares of Common Stock sold by the Company to the Underwriters pursuant to this subsection (e) in lieu of Borrowed Initial Securities are referred to herein as the “Standby Initial Securities.”
Failure to Borrow. Borrower hereby indemnifies Bank against any loss, cost or expense incurred by Bank as a result of (a) any payment of a Eurodollar Loan on a date other than the last day of the Interest Period for such Eurodollar Loan, including but not limited to acceleration by Bank pursuant to this Agreement, or (b) any failure by Borrower to borrow or convert, as the case may be, a Eurodollar Loan on the date of borrowing or conversion, as the case may be, after Borrower has given Bank the relevant notices of Borrower's election to borrow or convert, as the case may be, specified in this Agreement. SCHEDULE 10.4 PERMITTED INDEBTEDNESS MiliRisk. Inc. None Strategic Data Systems. Inc.
Failure to Borrow. In the case of any Fixed Rate Revolving Advance, each Borrower shall jointly and severally indemnify Bank against any loss, cost or expense incurred by Bank as a result of any failure to borrow on the date specified for such Fixed Rate Revolving Advance (other than as a result of Bank's failure to make funds available for such Revolving Advance), including, without limitation, any loss (excluding loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by Bank to fund such Fixed Rate Revolving Advance to be made by Bank when such Fixed Rate Revolving Advance is not made on such date.
Failure to Borrow. If for any reason (other than default by a Lender or the issuance of a Suspension Notice), including the failure to satisfy the conditions set out in Section 4.0, any Loan is not Borrowed by the Borrower hereunder after a Draw Request for such Borrowing has been given pursuant to Sections 2.7.2, 2.8 or 3.1 and the Lenders have not agreed under Section 3.1 that the Borrowing will not occur:
Failure to Borrow. The Borrower shall pay to Lender, upon the request of the Lender, an amount sufficient (determined in the sole good faith opinion of the Lender) to compensate it for any loss, costs or expense incurred by it as a result of any failure by the Borrower to borrow a LIBOR Loan on the date for such borrowing specified in the relevant Borrowing Certificate.
