Common use of Make Whole Provision Clause in Contracts

Make Whole Provision. Borrower shall pay to Agent, immediately upon request and notwithstanding contrary provisions contained in any of the Loan Documents, such amounts as shall, in the conclusive judgment of Agent (in the absence of manifest error), compensate any of the Lenders for the loss, cost or expense which it may reasonably incur as a result of (i) any payment or prepayment, under any circumstances whatsoever, whether voluntary or involuntary, of all or any portion of a LIBOR Advance on a date other than the last day of the applicable Interest Period of a LIBOR Advance, (ii) the conversion, for any reason whatsoever, whether voluntary or involuntary, of any LIBOR Advance, to a Variable Rate Advance on a date other than the last day of the applicable Interest Period, (iii) the failure of all or a portion of a Loan which was to have borne interest at the Effective LIBOR pursuant to the request of Borrower to be made under the Loan Agreement (except as a result of a failure by any Lender to fulfill such Lender’s obligations to fund), or (iv) the failure of Borrower to borrow in accordance with any request submitted by it for a LIBOR Advance. Such amounts payable by Borrower shall be equal to any reasonable administrative costs actually incurred plus amounts required to compensate for any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by Agent to fund or maintain a LIBOR Advance.

Make Whole Provision. Borrower BORROWER shall pay to AgentBANK, immediately upon request and notwithstanding contrary provisions contained in any of the Loan Documents, such amounts as shall, in the conclusive judgment of Agent BANK (in the absence of manifest error), compensate any of the Lenders BANK for the loss, cost or expense which it may reasonably incur as a result of (i) any payment or prepayment, under any circumstances whatsoever, whether voluntary or involuntary, of all or any portion of a LIBOR Advance on a date other than the last day of the applicable Interest Period of a the LIBOR Advance, (ii) the conversion, for any reason whatsoever, whether voluntary or involuntary, of any LIBOR Advance, Advance to a Variable Prime Rate Advance on a date other than the last day of the applicable Interest Period, (iii) the failure of all or a portion of a Loan Advance which was to have borne interest at the Effective LIBOR Rate pursuant to the request of Borrower BORROWER to be made under the Loan Agreement (except as a result of a failure by any Lender BANK to fulfill such Lender’s BANK's obligations to fund), or (iv) the failure of Borrower BORROWER to borrow in accordance with any request submitted by it for a LIBOR Advance. Such amounts payable by Borrower BORROWER shall be equal to any reasonable administrative costs actually incurred incurred, plus any amounts required to compensate for any loss, cost or expense incurred by reason of the liquidation or reemployment re-employment of deposits or other funds acquired by Agent BANK to fund or maintain a LIBOR Advance, but without duplication of a Yield Maintenance Fee.