Common use of Cancellation Fee Clause in Contracts

Cancellation Fee. If the Company at any time notifies Prudential in writing that the Company is canceling the closing of the purchase and sale of any Accepted Note, or if Prudential notifies the Company in writing under the circumstances set forth in the last sentence of paragraph 2A(5) or the penultimate sentence of paragraph 2A(7) that the closing of the purchase and sale of such Accepted Note is to be canceled, or if the closing of the purchase and sale of such Accepted Note is not consummated on or prior to the last day of the Issuance Period (the date of any such notification, or the last day of the Issuance Period, as the case may be, being herein called the “Cancellation Date”), the Company will pay to each Purchaser which shall have agreed to purchase such Accepted Note no later than one day after the Cancellation Date in immediately available funds an amount (the “Cancellation Fee”) equal to:

Appears in 2 contracts

Sources: Note Purchase Agreement (Franklin Electric Co Inc), Note Purchase Agreement (Franklin Electric Co Inc)

Cancellation Fee. If the Company at any time notifies Prudential in writing that the Company is canceling the closing of the purchase and sale of any Accepted Note, or if Prudential notifies the Company in writing under the circumstances set forth in the last sentence of paragraph 2A(5Section 2.2(e) or the penultimate sentence of paragraph 2A(7) Section 3.3 that the closing of the purchase and sale of such Accepted Note is to be canceled, or if the closing of the purchase and sale of such Accepted Note is not consummated on or prior to the last day of the Issuance Period (the date of any such notification, notification or the last day of the Issuance Period, as the case may be, being herein called the “Cancellation Date”), the Company will pay to each the Purchaser which shall have agreed to purchase such Accepted Note no later than one day after on the Cancellation Date in immediately available funds an amount (the “Cancellation Fee”) equal tocalculated as follows:

Appears in 2 contracts

Sources: Second Amended and Restated Note Purchase and Private Shelf Agreement (Modine Manufacturing Co), Amended and Restated Note Purchase and Private Shelf Agreement (Modine Manufacturing Co)

Cancellation Fee. If the Company at any time notifies Prudential in writing that the Company is canceling the closing of the purchase and sale of any Accepted Note, or if Prudential notifies the Company in writing under the circumstances set forth in the last sentence of paragraph 2A(5Section 2(f) or the penultimate sentence of paragraph 2A(7) Section 3.2 that the closing of the Roanoke Gas Company Private Shelf Agreement purchase and sale of such Accepted Note is to be canceled, or if the closing of the purchase and sale of such Accepted Note is not consummated on or prior to the last day of the Issuance Period (the date of any such notification, or the last day of the Issuance Period, as the case may be, being herein called the “Cancellation Date”), the Company will pay to each Purchaser which shall have agreed to purchase such Accepted Note no later than one day after the Cancellation Date in immediately available funds an amount (the “Cancellation Fee”) equal tocalculated as follows:

Appears in 2 contracts

Sources: Private Shelf Agreement (RGC Resources Inc), Private Shelf Agreement (RGC Resources Inc)

Cancellation Fee. If the Company at any time notifies Prudential in writing that the Company is canceling the closing of the purchase and sale of any Accepted Note, or if Prudential notifies the Company in writing under the circumstances set forth in the last sentence of paragraph 2A(5Section 2.2(e) or the penultimate sentence of paragraph 2A(7) Section 3.3 that the closing of the purchase and sale of such Accepted Note is to be canceled, or if the closing of the purchase and sale of such Accepted Note is not consummated on or prior to the last day of the Issuance Period (the date of any such notification, or the last day of the Issuance Period, as the case may be, being herein called the “Cancellation Date”), the Company will pay to each Purchaser which shall have agreed to purchase such Accepted Note no later than one day after the Cancellation Date in immediately available funds an amount (the “Cancellation Fee”) equal tocalculated as follows:

Appears in 2 contracts

Sources: Note Purchase Agreement (RPT Realty), Note Purchase and Private Shelf Agreement (Ramco Gershenson Properties Trust)

Cancellation Fee. If the Company at any time notifies Prudential in writing that the Company is canceling the closing of the purchase and sale of any Accepted Note, or if Prudential notifies the Company in writing under the circumstances set forth in the last sentence of paragraph 2A(5) or the penultimate sentence of paragraph 2A(72B(7) that the closing of the purchase and sale of such Accepted Note is to be canceled, or if the closing of the purchase and sale of such Accepted Note is not consummated on or prior to the last day of the Issuance Period (the date of any such notification, or the last day of the Issuance Period, as the case may be, being herein called the "Cancellation Date"), the Company will shall pay to each the Purchaser which shall have agreed to purchase such Accepted Note no later than one day after the Cancellation Date in immediately available funds on the Cancellation Date an amount (the "Cancellation Fee") equal to:

Appears in 2 contracts

Sources: Senior Promissory Notes Agreement (Dentsply International Inc /De/), Note Purchase Agreement (Quaker Fabric Corp /De/)

Cancellation Fee. If the Company at any time notifies Prudential in writing that the Company is canceling the closing of the purchase and sale of any Accepted Note, or if Prudential notifies the Company in writing under the circumstances set forth in the last sentence of paragraph 2A(5Section 2(g) or the penultimate sentence of paragraph 2A(7) Section 3.2 that the closing of the purchase and sale of such Accepted Note is to be canceled, or if the closing of the purchase and sale of such Accepted Note is not consummated on or prior to the last day of the Issuance Period (the date of any such notification, or the last day of the Issuance Period, as the case may be, being herein called the “Cancellation Date”), the Company will pay to each Purchaser which shall have agreed to purchase such Accepted Note no later than one day after the Cancellation Date in immediately available funds an amount (the “Cancellation Fee”) equal tocalculated as follows:

Appears in 1 contract

Sources: Private Shelf Agreement (Layne Christensen Co)

Cancellation Fee. If the Company at any time notifies Prudential the applicable Investor Group Representative in writing that the Company is canceling the closing of the purchase and sale of any Accepted Note, or if Prudential the applicable Investor Group Representative notifies the Company in writing under the circumstances set forth in the last sentence of paragraph 2A(5) or the penultimate sentence of paragraph 2A(7) Section 3.2 that the closing of the purchase and sale of such any Accepted Note is to be canceled, or if the closing of the purchase and sale of such any Accepted Note is not consummated on or prior to the last day of the Issuance Period (the date of any such notification, or the last day of the Issuance Period, as the case may be, being herein called the “Cancellation Date”), the Company will pay to each Purchaser which shall have agreed to purchase any such Accepted Note that is a Fixed Rate Note no later than one day Business Day after the Cancellation Date in immediately available funds an amount (the “Cancellation Fee”) equal tocalculated as follows:

Appears in 1 contract

Sources: Master Note Agreement (Fastenal Co)

Cancellation Fee. If the Company at any time notifies Prudential in writing that the Company is canceling the closing of the purchase and sale of any Accepted Note, or if Prudential notifies the Company in writing under the circumstances set forth in the last sentence of paragraph 2A(52B(6) or the penultimate sentence of paragraph 2A(72B(8) that the closing of the purchase and sale of such Accepted Note is to be canceled, or if the closing of the purchase and sale of such Accepted Note is not consummated on or prior to the last day of the Issuance Period (the date of any such notification, notification or the last day of the Issuance Period, as the case may be, being herein called the “Cancellation Date”), the Company will pay to each Purchaser which shall have agreed to purchase such Accepted Note no later than one day after on the Cancellation Date in immediately available funds an amount (the “Cancellation Fee”) equal tocalculated as follows:

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Twin Disc Inc)

Cancellation Fee. If the Company at any time notifies Prudential MetLife in writing that the Company is canceling the closing of the purchase and sale of any Accepted Note, or if Prudential MetLife notifies the Company in writing under the circumstances set forth in the last sentence of paragraph 2A(5Section 2(f) or the penultimate sentence of paragraph 2A(7) Section 3.2 that the closing of the purchase and sale of such Accepted Note is to be canceled, or if the closing of the purchase and sale of such Accepted Note is not consummated on or prior to the last day of the Issuance Period (the date of any such notification, or the last day of the Issuance Period, as the case may be, being herein called the “Cancellation Date”), the Company will pay to each Purchaser which shall have agreed to purchase such Accepted Note no later than one day after the Cancellation Date in immediately available funds an amount (the “Cancellation Fee”) equal to:

Appears in 1 contract

Sources: Private Shelf Agreement (RGC Resources Inc)

Cancellation Fee. If the Company at any time notifies Prudential in writing that the Company is canceling the closing of the purchase and sale of any Accepted Note, or if Prudential notifies the Company in writing under the circumstances set forth in the last sentence of paragraph 2A(5Section 2(f) or the penultimate sentence of paragraph 2A(7) Section 3.2 that the closing of the purchase and sale of such Accepted Note is to be canceled, or if the closing of the purchase and sale of such Accepted Note is not consummated on or prior to the last day of the Issuance Period (the date of any such notification, or the last day of the Issuance Period, as the case may be, being herein called the “Cancellation Date”), the Company will pay to each Purchaser which shall have agreed to purchase such Accepted Note no later than one day after the Cancellation Date in immediately available funds an amount (the “Cancellation Fee”) equal tocalculated as follows:

Appears in 1 contract

Sources: Private Shelf Agreement (Graybar Electric Co Inc)