Common use of Break Costs Clause in Contracts

Break Costs. (a) Each Borrower must pay to each Lender its Break Costs if a Loan or an overdue amount is repaid or prepaid otherwise than on the last day of any Term applicable to it. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding the Margin) which that Lender would have received for the period from the date of receipt of any part of its share in a Loan or an overdue amount to the last day of the applicable Term for that Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that Term; exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt and ending on the last day of the applicable Term. (c) Each Lender must, together with its demand, supply to the Facility Agent for the relevant Borrower details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this Subclause.

Appears in 5 contracts

Sources: Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC)

Break Costs. (a) Each Borrower must pay to each Lender its Break Costs if a Loan or an overdue amount is repaid or prepaid otherwise than on the last day of any Term applicable to it. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding the Margin) which that Lender would have received for the period from the date of receipt of any part of its share in a Loan or an overdue amount to the last day of the applicable Term for that Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that Term; exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt and ending on the last day of the applicable Term. (c) Each Lender must, together with its demand, must supply to the Facility Agent for the relevant Borrower details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this Subclause.

Appears in 3 contracts

Sources: Fifth Supplemental Agreement (MGM Resorts International), Second Supplemental Agreement (MGM Resorts International), Supplemental Agreement (MGM Resorts International)

Break Costs. (a) Each Borrower must pay to each Lender its Break Costs if a Loan or an overdue amount is repaid or prepaid otherwise than on the last day of any Term Interest Period applicable to it. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding the Margin) which that Lender would have received for the period from the date of receipt of any part of its share in a Loan or an overdue amount to the last day of the applicable Term Interest Period for that Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that TermInterest Period; exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt and ending on the last day of the applicable TermInterest Period. (c) Each Lender must, together with its demand, must supply to the Facility Agent for the relevant Borrower details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this Subclause.

Appears in 3 contracts

Sources: Facility Agreement (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc)

Break Costs. (a) Each Borrower must pay to each Lender its Break Costs if a Loan in relation to Loans or an overdue amount is amounts repaid or prepaid to it otherwise than on the last day of any a Term applicable to itthereto. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding the Margin) which that Lender would have received (excluding the Margin and the Mandatory Cost) for the period from the date of receipt of any part of its share in a Loan or an overdue amount to the last day of the applicable Term for that Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that Term; exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the second Business Day following receipt and ending on the last day of the applicable Term. (c) Each Lender must, together with its demand, must supply to the Facility Agent for the relevant Borrower details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this SubclauseClause.

Appears in 2 contracts

Sources: Senior Credit Agreement (Kabel Deutschland Vertrieb Und Service GmbH & Co. KG), Senior Credit Agreement (Kabel Deutschland GmbH)

Break Costs. (a) Each Borrower must pay to each Lender its Break Costs if a Loan or an overdue amount is repaid or prepaid otherwise than on the last day of any Term applicable to it. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding the other than any Margin) which that Lender would have received for the period from the date of receipt of any part of its share in a Loan or an overdue amount to the last day of the applicable Term for that Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that Term; exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt and ending on the last day of the applicable Term. (c) Each Lender must, together with its demand, must supply to the Facility Agent for the relevant Borrower details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this Subclause.

Appears in 2 contracts

Sources: Credit Facility Agreement (PPG Industries Inc), Credit Facility (PPG Industries Inc)

Break Costs. (a) Each Borrower must pay to each Lender its Break Costs if a Loan or an overdue amount is repaid or prepaid otherwise than on the last day of any Term applicable to it. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding the Margin) which that Lender would have received for the period from the date of receipt of any part of its share in a Loan or an overdue amount to the last day of the applicable Term for that Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that Term; , exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt and ending on the last day of the applicable Term. (c) Each Lender must, together with its demand, must supply to the Facility Agent for the relevant Borrower details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this Subclause.

Appears in 2 contracts

Sources: Credit Facility Agreement (Merck Kgaa /Fi), Credit Facility Agreement (E. Merck oHG)

Break Costs. (a) Each Borrower The Company must within 10 Business Days of demand pay to each Lender its Break Costs if a Loan or an overdue amount is repaid or prepaid otherwise than on the last day of any Term applicable to it. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding the MarginMargin and Mandatory Costs) which that Lender would have received for the period from the date of receipt of any part of its share in a Loan or an overdue amount to the last day of the applicable Term for that Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that Term; exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt and ending on the last day of the applicable Term. (c) Each Lender must, together with its demand, must supply to the Facility Agent for the relevant Borrower Company details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this Subclause. The Company agrees that if requested to do so by a Finance Party that is required to supply information under this paragraph (c), it will enter into a Confidentiality Undertaking before that Finance Party is required to provide it with any information that is of a confidential or proprietary nature.

Appears in 2 contracts

Sources: Revolving Credit Facility (Sara Lee Corp), Revolving Credit Facility (D.E Master Blenders 1753 B.V.)

Break Costs. (a) Each Borrower The Company must pay to each Lender its Break Costs if a Loan or an overdue amount is repaid or prepaid otherwise than on the last day of any Term applicable to it. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which:: 15335-01152 PG:2140636.16 66 Table of Contents (i) the interest (excluding the Margin) which that Lender ▇▇▇▇▇▇ would have received for the period from the date of receipt of any part of its share in a Loan or an overdue amount to the last day of the applicable Term for that Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that Term; exceeds (ii) the amount which that Lender ▇▇▇▇▇▇ would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt and ending on the last day of the applicable Term. (c) Each Lender must, together with its demand, must supply to the Facility Agent for the relevant Borrower Company details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this Subclause.

Appears in 1 contract

Sources: Credit Agreement (Chartered Semiconductor Manufacturing LTD)

Break Costs. (a) Each Borrower The Company must pay to each the Lender its Break Costs if a the Loan (or any part of it) or an overdue amount is repaid or prepaid otherwise than on the last day of any Term applicable to it. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding the Margin) which that the Lender would have received for the period from the date of receipt of any part of its share in a the Loan or an overdue amount to the last day of the applicable Term for that the Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that Term; exceeds (ii) the amount which that the Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt and ending on the last day of the applicable Term. (c) Each The Lender must, together with its demand, must supply to the Facility Agent for the relevant Borrower Company details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this Subclause.

Appears in 1 contract

Sources: Facility Agreement (Baidu, Inc.)

Break Costs. (a) Each Borrower The Company must pay to each Lender its Break Costs if a the Loan (or any part of it) or an overdue amount is repaid or prepaid otherwise than on the last day of any Term applicable to it. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding the Margin) which that Lender would have received for the period from the date of receipt of any part of its share in a the Loan or an overdue amount to the last day of the applicable Term for that the Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that Term; exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt and ending on the last day of the applicable Term. (c) Each Lender must, together with its demand, must supply to the Facility Agent for the relevant Borrower Company details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this Subclause.

Appears in 1 contract

Sources: Credit Facility Agreement (Baidu, Inc.)

Break Costs. (a) Each Borrower must pay to each Lender its Break Costs if a Loan or an overdue amount is repaid or prepaid otherwise than on the last day of any Term applicable to it. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding the Margin) which that Lender would have received for the period from the date of receipt of any part of its share in a Loan or an overdue amount to the last day of the applicable Term for that Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that Term; exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt and ending on the last day of the applicable Term. (c) Each Lender must, together with its demand, must supply to the relevant Facility Agent for the relevant Borrower details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this SubclauseSubclause with a copy to the relevant Borrower.

Appears in 1 contract

Sources: Credit Facility Agreement (UTi WORLDWIDE INC)

Break Costs. (a) Each Borrower The Obligors’ Agent must pay to each Lender its Break Costs if a Loan or an overdue amount is repaid or prepaid otherwise than on the last day of any Term applicable to itdate falling five Business Days after the date on which the Obligors’ Agent receives from the Facility Agent an invoice for such amount. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding the Margin) which that Lender would have received for the period from the date of receipt of Business Day on which it receives any part of its share in a Loan or an overdue amount to the last day of the applicable Term for that Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that Term; exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt on which it receives any part of its share in a Loan or overdue amount and ending on the last day of the applicable Term. (c) Each Lender must, together with its demand, must supply to the Facility Agent for the relevant Borrower Obligors’ Agent details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this SubclauseClause 30.3 and the calculation of that amount.

Appears in 1 contract

Sources: Credit Facilities (Imperial Tobacco Group PLC)

Break Costs. (a) Each Borrower The Company must pay to each Lender its Break Costs if a the Loan or an overdue amount is repaid or prepaid otherwise other than on the last day of any Term Interest Period applicable to it. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) , by which: (i) the interest (excluding the Margin) which that Lender would have received for the period from the date of receipt of any part of its share in a the Loan or an overdue amount to the last day of the applicable Term Interest Period for that Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that TermInterest Period; exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt and ending on the last day of the applicable TermInterest Period. (c) Each Lender must, together with its demand, must supply to the Facility Agent for the relevant Borrower Company and the Guarantor details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this Subclause.

Appears in 1 contract

Sources: Credit Facility Agreement (Bausch & Lomb Inc)

Break Costs. (a) Each Borrower Obligor must pay to each Lender Lender, its Break Costs if a Loan or an overdue amount is repaid or prepaid otherwise than on the last day of any Term applicable to itin accordance with this Agreement. (b) In respect of a Lender, Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding the Margin) which that Lender would have received for the period from the date of receipt of any part payment of its share in a the Loan or an overdue amount to the last day of the applicable Term current Interest Period for that the Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that TermInterest Period; exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt and ending on the last day of the applicable TermInterest Period. (c) Each Lender must, together with its demand, must supply to the Facility Agent for the relevant Borrower details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this SubclauseClause 22.

Appears in 1 contract

Sources: Facility Agreement (Global Ship Lease, Inc.)

Break Costs. (a) Each Borrower The Obligors’ Agent must pay to each Lender its Break Costs if a Loan or an overdue amount is repaid or prepaid otherwise than on the last day of any Term applicable to itdate falling five Business Days after the date on which the Obligors’ Agent receives from the Facility Agent an invoice for such amount. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding the Margin) which that Lender would have received for the period from the date of receipt of Business Day on which it receives any part of its share in a Loan or an overdue amount to the last day of the applicable Term for that Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that Term; exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt on which it receives any part of its share in a Loan or overdue amount and ending on the last day of the applicable Term. (c) Each Lender must, together with its demand, must supply to the Facility Agent for the relevant Borrower Obligors’ Agent details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this SubclauseClause 27.3 and the calculation of that amount.

Appears in 1 contract

Sources: Subordinated Equity Bridge Credit Facilities (Imperial Tobacco Group PLC)

Break Costs. (a) Each Borrower must pay to each Lender its Break Costs if a Loan or an overdue amount is repaid or prepaid otherwise than on the last day of any Term applicable to it. (b) Break Costs are the amount (if any) determined by the relevant Lender (acting reasonably) by which: (i) the interest (excluding excluding, in respect of a mandatory prepayment only, the Margin) which that Lender would have received for the period from the date of receipt of any part of its share in a Loan or an overdue amount to the last day of the applicable Term for that Loan or overdue amount if the principal or overdue amount received had been paid on the last day of that Term; exceeds (ii) the amount which that Lender would be able to obtain by placing an amount equal to the amount received by it on deposit with a leading bank in the appropriate interbank market for a period starting on the Business Day following receipt and ending on the last day of the applicable Term. (c) Each Lender must, together with its demand, must supply to the Facility Agent for the relevant each Borrower details of the amount and basis of calculation (in reasonable detail) of any Break Costs claimed by it under this Subclause.

Appears in 1 contract

Sources: Credit Facilities Agreement