Breakage Fee. In the event of an occurrence under subparagraphs a. or b. below, then Borrower shall immediately pay Lender, on demand, a Breakage Fee in an amount calculated on a make-whole basis, as calculated under Lender’s then current methodology: a. Borrower provides Lender Notice that Loan principal is to be priced using a Fixed Rate Option, after which Borrower revokes such Notice; or b. Borrower provides Lender Notice that Loan principal priced under a Fixed Rate Option is to be repriced or prepaid on other than a Pricing Date, after which Borrower revokes such Notice or fails to prepay pursuant to the Notice.
Appears in 3 contracts
Sources: Note and Loan Agreement (Pope Resources LTD Partnership), Note and Loan Agreement (Pope Resources LTD Partnership), Note and Loan Agreement (Pope Resources LTD Partnership)
Breakage Fee. In the event of an occurrence under subparagraphs a. or b. below, then Borrower shall immediately pay Lender, on demand, a “Breakage Fee Fee” in an amount calculated on a make-whole basis, as calculated determined under Lender▇▇▇▇▇▇’s then current methodology:
a. Borrower provides Lender Notice that Loan principal is to be priced using a Fixed Rate Option, after which Borrower revokes such Notice; or
b. Borrower provides Lender Notice that Loan principal priced under a Fixed Rate Option is to be repriced or prepaid on other than a Pricing Date, after which Borrower revokes such Notice or fails to prepay pursuant to the Notice.
Appears in 1 contract
Breakage Fee. In the event of an occurrence under subparagraphs a. or b. below, then Borrower shall immediately pay Lender, on demand, a Breakage Fee in an amount calculated on a make-whole basis, as calculated under Lender’s 's then current methodologymethodology :
a. Borrower provides Lender Notice that Loan principal is to be priced using a Fixed Rate Optionfixed rate option as allowed in a Note, if any, after which Borrower revokes such NoticeNotice ; or
b. Borrower provides Lender Notice that Loan principal priced under a Fixed Rate Option fixed rate option, if any, is to be priced, repriced or prepaid on other than a Pricing Datepricing date, after which Borrower revokes such Notice or fails to prepay pursuant to the Notice.
Appears in 1 contract
Sources: Master Loan Agreement (Pope Resources LTD Partnership)
Breakage Fee. In the event of an occurrence under subparagraphs sub-Sections a. or b. below, then Borrower shall immediately pay Lender, on demand, a Breakage Fee in an amount calculated on a make-whole basis, as calculated under Lender’s then current methodologyconsistent with the procedure described in Exhibit C hereof:
a. Borrower provides Lender Notice that Loan principal is to be priced using a Fixed Rate Option, after which Borrower revokes such Notice; or
b. Borrower provides Lender Notice that Loan principal priced under a Fixed Rate Option is to be priced, repriced or prepaid on other than a Pricing Date, after which Borrower revokes such Notice or fails to prepay pursuant to the Notice.
Appears in 1 contract
Sources: Master Loan Agreement (Pope Resources LTD Partnership)
Breakage Fee. In the event of an occurrence under subparagraphs a. a, or b. b, below, then Borrower shall immediately pay Lender, on demand, a “Breakage Fee Fee” in an amount calculated on a make-whole basis, as calculated under Lender’s then current methodology:
a. (a) Borrower provides Lender Notice that Loan principal is to be priced using a Fixed Rate Option, after which Borrower revokes such Notice; or
b. (b) Borrower provides Lender Notice that Loan principal priced under a Fixed Rate Option is to be repriced or prepaid on other than a Pricing Date, after which Borrower revokes such Notice or fails to prepay pursuant to the Notice.
Appears in 1 contract
Sources: Master Loan Agreement (Pope Resources LTD Partnership)
Breakage Fee. In the event of an occurrence under subparagraphs a. or b. below, then Borrower shall immediately pay Lender, on demand, a “Breakage Fee Fee” in an amount calculated on a make-whole basis, as calculated under Lender’s then current methodology:
a. Borrower provides Lender Notice that Loan principal is to be priced using a Fixed Rate Option, after which Borrower revokes such Notice; or
b. Borrower provides Lender Notice that Loan principal priced under a Fixed Rate Option is to be repriced or prepaid on other than a Pricing Date, after which Borrower revokes such Notice or fails to prepay pursuant to the Notice.
Appears in 1 contract
Sources: Master Loan Agreement (Pope Resources LTD Partnership)