Common use of Certain Compensation Clause in Contracts

Certain Compensation. Each Borrower hereby agrees to indemnify the Agent and each Lender and hold the Agent and each Lender harmless from any loss, cost or expense they may sustain or incur as a consequence of the failure by such Borrower to complete any borrowing hereunder of a Libor Rate after notice thereof has been given by such Borrower to the Agent, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or re-employment of deposits or other funds acquired by the Agent to fund such borrowing when the applicable amount of the Revolving Credit Loan, as a result of such failure, is not made subject to such interest rates on such date. The Agent shall certify the amount of its and/or the Lenders' loss, cost or expense to the applicable Borrower, and such certification shall be final and conclusive absent manifest error. Without limiting the foregoing, such compensation shall include the Libor Rate Prepayment Premium.

Appears in 2 contracts

Sources: Financing Agreement and Guaranty (Fibermark Inc), Financing Agreement and Guaranty (Fibermark Inc)

Certain Compensation. Each Borrower hereby agrees to indemnify the Agent and each Lender and hold the Agent and each Lender harmless from any loss, cost or expense they may sustain or incur as a consequence of the failure by such Borrower to complete any borrowing hereunder of a Libor Rate after notice thereof has been given by such Borrower to the Agent, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or re-employment of deposits or other funds acquired by the Agent to fund such borrowing when the applicable amount of the Revolving Credit Loan, as a result of such failure, is not made subject to such interest rates on such date. The Agent shall certify the amount of its and/or the Lenders' ’ loss, cost or expense to the applicable Borrower, and such certification shall be final and conclusive absent manifest error. Without limiting the foregoing, such compensation shall include the Libor Rate Prepayment Premium.

Appears in 1 contract

Sources: Financing Agreement and Guaranty (Fibermark Inc)