Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, or liability sustained by such Lender in connection with the liquidation or reemployment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrower.
Appears in 6 contracts
Sources: Credit Agreement (B. Riley Financial, Inc.), Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower Company shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead BorrowerCompany.
Appears in 4 contracts
Sources: Credit and Guaranty Agreement (Madison Square Garden Co), Financing Agreement (Global Geophysical Services Inc), Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower The Companies shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrowerthe Company Representative.
Appears in 4 contracts
Sources: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Primo Water Corp), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment of such funds funds, but excluding loss of anticipated profits) which such Lender may sustain: (i) if if, for any reason (other than a default by such Lender) Lender or pursuant to Section 2.14(a)(ii)), a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingNotice, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, Notice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day day, other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrower.
Appears in 4 contracts
Sources: Revolving Credit and Guaranty Agreement (Cit Group Inc), Revolving Credit and Guaranty Agreement (Cit Group Inc), Revolving Credit and Guaranty Agreement (Cit Group Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrower.
Appears in 2 contracts
Sources: Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, Inc.)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower The Company shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Eurodollar Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profitsprofits including, without limitation, the Applicable Margin) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), Loan; or (iii) if any prepayment of any of its LIBOR Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrowerthe Company.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Bell Powersports, Inc.), Credit and Guaranty Agreement (American Achievement Corp)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amountsamounts in reasonable detail), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Term Benchmark Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Term Benchmark Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Term Benchmark Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Term Benchmark Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), Loan; or (iii) if any prepayment of any of its LIBOR Rate Term Benchmark Loans is not made on any date specified in a notice of prepayment given by Lead the Borrower.
Appears in 2 contracts
Sources: Credit Agreement (FTAI Aviation Ltd.), Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment of such funds funds, but excluding loss of anticipated profits) which such Lender may sustain: (i) if if, for any reason (other than a default by such Lender) Lender or pursuant to Section 2.14(a)), a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingNotice, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, Notice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day day, other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrower.
Appears in 2 contracts
Sources: Revolving Credit and Guaranty Agreement (Cit Group Inc), Revolving Credit and Guaranty Agreement (Cit Group Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable out-of-pocket losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate SOFR Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustainsustains: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan SOFR Loans does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan SOFR Loans does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate SOFR Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), including as a result of an assignment in connection with the replacement of a Lender pursuant to Section 2.17; or (iii) if any prepayment of any of its LIBOR Rate SOFR Loans is not made on any date specified in a notice of prepayment given by Lead the Borrower.
Appears in 2 contracts
Sources: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower Company shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amountsamounts and a calculation of the requested amount in reasonable detail), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Eurodollar Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, of any of its LIBOR Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), Loan; or (iii) if any prepayment of any of its LIBOR Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Lead BorrowerCompany.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Houghton Mifflin Co), Credit and Guaranty Agreement (Hm Publishing Corp)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower shall compensate each Lender, upon within ten (10) days after written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrower.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/), Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable out-of-pocket losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate SOFR Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustainsustains: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan SOFR Loans does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan SOFR Loans does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate SOFR Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR Rate SOFR Loans is not made on any date specified in a notice of prepayment given by Lead the Borrower.
Appears in 2 contracts
Sources: Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable out-of-pocket losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate SOFR Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustainsustains: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan SOFR Loans does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan SOFR Loans does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate SOFR Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), including as a result of an assignment in connection with the replacement of a Lender pursuant to Section 3.4(b)2.17; or (iii) if any prepayment of any of its LIBOR Rate SOFR Loans is not made on any date specified in a notice of prepayment given by Lead the Borrower.
Appears in 2 contracts
Sources: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Physicians Realty Trust)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrower.
Appears in 1 contract
Compensation for Breakage or Non-Commencement of Interest Periods. Lead The Applicable Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead such Borrower.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Syntax-Brillian Corp)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuationNotice, (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrower.
Appears in 1 contract
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower The Company shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrowerthe Company.
Appears in 1 contract
Sources: Financing Agreement (Global Geophysical Services Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower Borrowers shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead Administrative Borrower.
Appears in 1 contract
Sources: Financing Agreement (Metalico Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such LenderLender or pursuant to Section 2.14(a)(ii)) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingNotice, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, Notice; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrower.
Appears in 1 contract
Sources: Revolving Credit and Guaranty Agreement (Cit Group Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower Borrowers shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowingNotice, or a conversion to - 64 - US-DOCS\116826573.25 or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead BorrowerCompany.
Appears in 1 contract
Sources: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower Companies shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR LIBO Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: sustain (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR LIBO Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR LIBO Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR LIBO Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, acceleration or otherwise), ; or (iii) if any prepayment of any of its LIBOR LIBO Rate Loans is not made on any date specified in a notice of prepayment given by Lead BorrowerCredit Party Representative.
Appears in 1 contract
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower Company shall compensate each LenderPurchaser, upon written request by such Lender Purchaser (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender Purchaser to lenders Purchasers of funds borrowed by it to make purchase or carry its LIBOR LIBO Rate Loans Portions and any loss, expense, expense or liability sustained by such Lender Purchaser in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender Purchaser may sustain: (i) if for any reason (other than a default by such LenderPurchaser) a borrowing purchase of any LIBOR LIBO Rate Loan Portions does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR LIBO Rate Loan Portions does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR LIBO Rate Loans Portions occurs on any day other than the last day of an Interest Period applicable to that Loan Note (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR LIBO Rate Loans Portions is not made on any date specified in a notice of prepayment given by Lead BorrowerCompany.
Appears in 1 contract
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower Company shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable and documented losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Funding/Issuance Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead BorrowerCompany.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (AvidXchange Holdings, Inc.)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Term SOFR Loans and any loss, expense, or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Term SOFR Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Term SOFR Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Term SOFR Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), or (iii) if any prepayment of any of its LIBOR Rate Term SOFR Loans is not made on any date specified in a notice of prepayment given by Lead Borrower.
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Sources: Second Lien Credit Agreement (Great Lakes Dredge & Dock CORP)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower The Companies shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR LIBO Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR LIBO Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR LIBO Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR LIBO Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR LIBO Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrowerthe Company Representative.
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Sources: Credit and Guaranty Agreement (OneWater Marine Inc.)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead The Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable out-of-pocket losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate SOFR Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustainsustains: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan SOFR Loans does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan SOFR Loans does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, (ii) if any prepayment 61 or other principal payment of, or any conversion of, any of its LIBOR Rate SOFR Loans occurs on any day other than the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), including as a result of an assignment in connection with the replacement of a Lender pursuant to Section 2.17 or (iii) if any prepayment of any of its LIBOR Rate SOFR Loans is not made on any date specified in a notice of prepayment given by Lead the Borrower.
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Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders Lenders of funds borrowed by it to make or carry its LIBOR Eurodollar Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), Loan; or (iii) if any prepayment of any of its LIBOR Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrower.
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Sources: First Lien Credit and Guaranty Agreement (Alion Science & Technology Corp)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower The Borrowers shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and CREDIT AND GUARANTY AGREEMENT EXECUTION 86 liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Eurodollar Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which that such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Eurodollar Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Eurodollar Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, of or any conversion of, any of its LIBOR Eurodollar Rate Loans occurs on any day other than a date prior to the last day of an Interest Period applicable to that Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), Loan; or (iii) if any prepayment of any of its LIBOR Eurodollar Rate Loans is not made on any date specified in a notice of prepayment given by Lead Borrowerthe Company.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (International Steel Group Inc)
Compensation for Breakage or Non-Commencement of Interest Periods. Lead Borrower Companies shall compensate each Lender, upon written request by such Lender (which request shall set forth in reasonable detail the basis for requesting such amounts), for all reasonable losses, expenses, expenses and liabilities (including any interest paid or calculated to be due and payable by such Lender to lenders of funds borrowed by it to make or carry its LIBOR Rate Loans and any loss, expense, expense or liability sustained by such Lender in connection with the liquidation or reemployment re-employment of such funds but excluding loss of anticipated profits) which such Lender may sustain: (i) if for any reason (other than a default by such Lender) a borrowing of any LIBOR Rate Loan does not occur on a date specified therefor in a Funding Notice or a telephonic request for borrowing, or a conversion to or continuation of any LIBOR Rate Loan does not occur on a date specified therefor in a Conversion/Continuation Notice or a telephonic request for conversion or continuation, ; (ii) if any prepayment or other principal payment of, or any conversion of, any of its LIBOR Rate Loans occurs on any day other than the last day of an Interest Period applicable to that Term Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise), ; or (iii) if any prepayment of any of its LIBOR Rate Loans is not made on any date specified in a notice of prepayment given by Lead BorrowerCompany Agent.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Newtek Business Services Corp.)