Common use of Certain Compensation Clause in Contracts

Certain Compensation. The Borrowers shall pay to the Agent for the account of each Lender, upon the request of such Lender through the Agent, such amount or amounts as shall be sufficient (in the reasonable opinion of such Lender) to compensate it for any loss, cost or expense which such Lender determines is attributable to: (a) any payment of a Eurodollar Loan made by the Borrowers on a date other than the last day of a Eurodollar Interest Period or the maturity date, respectively, for such Loan (whether by reason of acceleration or otherwise) (other than pursuant to section 3.04); or (b) any failure by the Borrowers to borrow any Loan to be made by such Lender on the date specified therefore in the relevant notice under section 2.12. Without limiting the foregoing, such compensation shall include an amount equal to the excess, if any, of (i) the amount of interest which otherwise would have accrued on the principal amount so paid or not borrowed for the period from and including the date of such payment or failure to borrow to but excluding the last day of the Eurodollar Interest Period for such Loan (or, in the case of a failure to borrow, to but excluding the last day of the Eurodollar Interest Period for such Loan which would have commenced on the date specified therefore in the relevant notice) at the applicable rate of interest for such Loan provided for herein over (ii) the amount of interest (as reasonably determined by such Lender) such Lender would have bid in the London interbank market for Dollar deposits for amounts comparable to such principal amount and maturities comparable to such period. A determination of any Lender as to the amounts payable pursuant to this section 3.05 shall be conclusive, provided thaT such determination is made on a reasonable basis.

Certain Compensation. The Borrowers Borrower shall pay to the Agent for the account of each LenderBank, upon the request of such Lender through the Agentbank, such amount or amounts as shall be sufficient (in the reasonable opinion of such Lenderthe Bank) to compensate it for any lossloss (other than the lost Margin), cost or expense which such Lender the Bank determines is attributable to: (a) any payment of a Eurodollar Fixed Rate Loan made by the Borrowers on a date other than the last day of a Eurodollar an Interest Period or the maturity date, respectively, for such Loan (whether by reason of acceleration or otherwise) (other than pursuant to section 3.04); or (b) any failure by the Borrowers Borrower to borrow any a Fixed Rate Loan to be made by such Lender the Bank on the date specified therefore therefor in the relevant notice under section 2.12Section 2.04. Without limiting the foregoing, such compensation shall include an amount equal to the excess, if any, of of: (i) the amount of interest (excluding any Margin) which otherwise would have accrued on the principal amount so paid or not borrowed for the period from and including the date of such payment or failure to borrow to but excluding the last day of the Eurodollar Interest Period for such Loan (or, in the case of a failure to borrow, to but excluding the last day of the Eurodollar Interest Period for such Loan which would have commenced on the date specified therefore therefor in the relevant notice) at the applicable rate of interest for such Loan provided for herein herein; over (ii) the amount of interest (as reasonably determined by such Lenderthe Bank) such Lender the Bank would have bid in the London interbank market (if such Loan is a Eurodollar Loan) or the United States secondary certificate of deposit market (if such Loan is a CD Loan) for Dollar deposits for amounts comparable to such principal amount and maturities comparable to such period. A determination of any Lender the Bank as to the amounts payable pursuant to this section 3.05 Section 3.04 shall be conclusive, provided thaT conclusive absent manifest error and the Bank shall upon request provide to Borrower a copy of calculations in reasonable detail done by the Bank in making such determination is made on a reasonable basisdetermination.

Certain Compensation. The Borrowers Borrower shall pay to the Agent -------------------- for the account of each Lender, upon the request of such Lender through the Agent, such amount or amounts as shall be sufficient (in the reasonable opinion of such Lender) to compensate it for any loss, cost or expense which such Lender determines is attributable to: (a) any payment of a Eurodollar Loan made by the Borrowers Borrower on a date other than the last day of a Eurodollar Interest Period or the maturity date, respectively, for such Loan (whether by reason of acceleration or otherwise) (other than pursuant to section Section 3.04); or (b) any failure by the Borrowers Borrower to borrow any Loan to be made by such Lender on the date specified therefore therefor in the relevant notice under section 2.12(S)2.12. Without limiting the foregoing, such compensation shall include an amount equal to the excess, if any, of (i) the amount of interest which otherwise would have accrued on the principal amount so paid or not borrowed for the period from and including the date of such payment or failure to borrow to but excluding the last day of the Eurodollar Interest Period for such Loan (or, in the case of a failure to borrow, to but excluding the last day of the Eurodollar Interest Period for such Loan which would have commenced on the date specified therefore therefor in the relevant notice) at the applicable rate of interest for such Loan provided for herein over (ii) the amount of interest (as reasonably determined by such Lender) such Lender would have bid in the London interbank market for Dollar deposits for amounts comparable to such principal amount and maturities comparable to such period. A determination of any Lender as to the amounts payable pursuant to this section (S) 3.05 shall be conclusive, provided thaT that such determination is made on a reasonable basis.

Certain Compensation. The Borrowers shall pay to the Agent for the account of each Lender, upon the request of such Lender through the Agent, such amount or amounts as shall be sufficient (in the reasonable opinion of such Lender) to compensate it for any loss, cost or expense which such Lender determines is attributable to: (a) any payment of a Eurodollar Loan made by the Borrowers on a date other than the last day of a Eurodollar Interest Period or the maturity date, respectively, for such Loan (whether by reason of acceleration or otherwise) (other than pursuant to section Section 3.04); or (b) any failure by the Borrowers to borrow any Loan to be made by such Lender on the date specified therefore therefor in the relevant notice under section 2.12Section 2.11. Without limiting the foregoing, such compensation shall include an amount equal to the excess, if any, of (i) the amount of interest which otherwise would have accrued on the principal amount so paid or not borrowed for the period from and including the date of such payment or failure to borrow to but excluding the last day of the Eurodollar Interest Period for such Loan (or, in the case of a failure to borrow, to but excluding the last day of the Eurodollar Interest Period for such Loan which would have commenced on the date specified therefore therefor in the relevant notice) at the applicable rate of interest for such Loan provided for herein over (ii) the amount of interest (as reasonably determined by such Lender) such Lender would have bid in the London interbank market for Dollar deposits for amounts comparable to such principal amount and maturities comparable to such period. A determination of any Lender as to the amounts payable pursuant to this section Section 3.05 shall be conclusive, provided thaT that such determination is made on a reasonable basis.

Certain Compensation. The Borrowers shall pay to the Agent for the account of each Lender, upon the request of such Lender through the Agent, such amount or amounts as shall be sufficient (in the reasonable opinion of such Lender) to compensate it for any loss, cost or expense which such Lender determines is attributable to: (a) any payment of a Eurodollar Loan made by the Borrowers on a date other than the last day of a Eurodollar Interest Period or the maturity date, respectively, for such Loan (whether by reason of acceleration or otherwise) (other than pursuant to section Section 3.04); or (b) any failure by the Borrowers to borrow any Loan to be made by such Lender on the date specified therefore therefor in the relevant notice under section Section 2.12. Without limiting the foregoing, such compensation shall include an amount equal to the excess, if any, of (i) the amount of interest which otherwise would have accrued on the principal amount so paid or not borrowed for the period from and including the date of such payment or failure to borrow to but excluding the last day of the Eurodollar Interest Period for such Loan (or, in the case of a failure to borrow, to but excluding the last day of the Eurodollar Interest Period for such Loan which would have commenced on the date specified therefore therefor in the relevant notice) at the applicable rate of interest for such Loan provided for herein over (ii) the amount of interest (as reasonably determined by such Lender) such Lender would have bid in the London interbank market for Dollar deposits for amounts comparable to such principal amount and maturities comparable to such period. A determination of any Lender as to the amounts payable pursuant to this section Section 3.05 shall be conclusive, provided thaT that such determination is made on a reasonable basis.

Certain Compensation. The Borrowers Company shall pay to the Agent for the account of each Lender, upon the request of such Lender through the Agent, such amount or amounts as shall be sufficient (in the reasonable opinion of such Lender) to compensate it for any loss, cost or expense which such Lender reasonably determines is attributable to: (a) any payment of a Eurodollar Fixed Rate Loan made by the Borrowers Company on a date other than the last day of a Eurodollar an Interest Period or the maturity date, respectively, for such Loan (whether by reason of acceleration or otherwise) (other than pursuant to section 3.04); or (b) any failure by the Borrowers Company to borrow any a Fixed Rate Loan to be made by such Lender on the date specified therefore therefor in the relevant notice under section 2.12Section 2.02. Without limiting the foregoing, such compensation shall include an amount equal to the excess, if any, of of: (i) the amount of interest which otherwise would have accrued on the principal amount so paid or not borrowed for the period from and including the date of such payment or failure to borrow to but excluding the last day of the Eurodollar Interest Period for such Loan (or, in the case of a failure to borrow, to but excluding the last day of the Eurodollar Interest Period for such Loan which would have commenced on the date specified therefore therefor in the relevant notice) at the applicable rate of interest for such Loan provided for herein herein; over (ii) the amount of interest (as reasonably determined by such Lender) such Lender would have bid in the London interbank market for Dollar deposits for amounts comparable to such principal amount and maturities comparable to such period. A determination of any Lender as to the amounts payable pursuant to this section 3.05 Section 5.05 shall be conclusive, provided thaT prima facie evidence of the correctness of such determination is made on a reasonable basisdetermination.