Common use of Accommodation Fee Clause in Contracts

Accommodation Fee. Upon the occurrence of a Change of Control (a “Determination Date”), the Company shall pay to the Holder, in addition to all other amounts due and owing under this Note, an amount equal to the positive difference, if any (such amount, the “Accommodation Fee”), between (x) one percent (1.0%) of the Assessed Amount as of the Determination Date, and (y) an amount equal to the sum of (i) the then outstanding principal balance of this Note, (ii) all then accrued but unpaid Regular Interest and Deferred Interest. This Note, and the obligation of the Company to pay the Accommodation Fee, shall survive any repayment under Sections 2.1, 2.2, 2.

Accommodation Fee. Upon the occurrence of a Change of Control (a “Determination Date”), the Company shall pay to the Holder, in addition to all other amounts due and owing under this Note, an amount equal to the positive difference, if any (such amount, the “Accommodation Fee”), between (x) one two percent (1.02.0%) of the Assessed Amount as of the Determination Date, and (y) an amount equal to the sum of (i) the then outstanding principal balance of this Note, (ii) all then accrued but unpaid Regular Interest and Deferred Interest. This Note, and the obligation of the Company to pay the Accommodation Fee, shall survive any repayment under Sections 2.1, 2.2, 2.