Deferred Commitment Fee Sample Clauses

Deferred Commitment Fee. If Lenders' funding obligations in respect of the Revolving Loan Commitment under this Agreement terminate for any reason (whether by voluntary termination by Borrower, by reason of the occurrence of an Event of Default or otherwise) prior to end of the Closed Period, Borrower shall pay to Administrative Agent, for the benefit of all Lenders committed to make Revolving Loans, a fee (the "DEFERRED COMMITMENT FEE") as compensation for the costs of such Lenders being prepared to make funds available to Borrower under this Agreement, equal to the greater of: (i) the Revolving Yield Maintenance Amount and (ii) an amount determined by multiplying the Revolving Loan Commitment by three percent (3.0%). No amount will be payable pursuant to this paragraph if Borrower terminates the Revolving Loan Commitment after the Closed Period.

Deferred Commitment Fee. If, prior to the thirty-third calendar month anniversary of the Closing Date, (i) Borrower permanently prepays the Obligations in full and terminates the Commitments, or (ii) the Lenders terminate the Revolving Loan Commitment after the occurrence of an Event of Default, Borrower shall pay to Agent, for the benefit of Lenders, as compensation for the costs of Lenders being prepared to make funds available to Borrower under this Agreement, an amount determined by multiplying the percentage set forth below by $25,000,000: three percent (3.0%) for the first eighteen (18) months following the Closing Date and one and one half percent (1.5%) for the nineteenth through thirty-second months following the Closing Date. No amount will be payable pursuant to this paragraph if Borrower voluntarily prepays the Obligations in full or the Lenders terminate the Revolving Loan Commitment due to, and during the continuance of an Event of Default after the thirty-third calendar month anniversary of the Closing Date. Notwithstanding the foregoing subsection 2.3(d), in the event that Agent exercises its right to implement reserves or new eligibility criteria not specifically provided for in the Agreement, and the effect of the implementation of such reserves or new eligibility criteria is to reduce the available Borrowing Base by more than thirty five percent (35%) in comparison to the Borrowing Base calculated without the effect of such reserves or new eligibility criteria, Borrower shall be permitted to voluntarily and permanently prepay the Obligations in full and terminate the Revolving Loan Commitments without incurring the deferred commitment fee otherwise imposed under this subjection 2.3(d).

Deferred Commitment Fee. In consideration of the Lenders providing the Credit Facility, the Construction Receiver shall pay to the Administrative Agent, for the account of the Lenders, a fee of $200,000 which is fully earned on the date when the Settlement Approval Order is final and any appeal period has expired or any appeal therefrom has been dismissed and is due and payable in accordance with Section 5.01.

Deferred Commitment Fee. If Administrative Agent’s funding obligations in respect of the Revolving Loan Commitment under this Agreement terminate for any reason (whether by voluntary termination by Borrowers, by reason of the occurrence of an Event of Default or otherwise) prior to the Commitment Expiry Date, Borrowers shall pay to Administrative Agent, for the benefit of all Lenders committed to make Revolving Loans, a fee (the “Deferred Commitment Fee”) as compensation for the costs of such Lenders being prepared to make funds available to Borrowers under this Agreement, equal to an amount determined by multiplying the Revolving Loan Commitment by the following applicable percentage amount: (x) two and one-half percent (2.5%) if such termination occurs prior to the first anniversary of the Closing Date, (y) two percent (2.0%) if such termination occurs after the first but before the second anniversary of the Closing Date, and (z) one percent (1.0%) if such termination occurs after the second but before the fifth anniversary of the Closing Date. Notwithstanding anything to the contrary contained in the foregoing, if any Lender party hereto on the Closing Date shall at any time when no Event of Default has occurred and remains outstanding and without obtaining the prior written consent of Borrowers (which such consent of Borrowers shall not be unreasonably withheld) either (x) assign any of its Loans and interests as a Lender in this Agreement pursuant to Section 14.6(a)(i) or (y) grant a participating interest or “participation” in any of its Loans that is not a “Limited Rights Participation” as defined in the next sentence, then, at any time following any such assignment by such Lender or granting by such Lender of a participation that is not a Limited Rights Participation (in either such case in the absence of the existence of an Event of Default), Borrowers shall not be obligated to pay any Deferred Commitment Fee of any kind pursuant to this paragraph in connection with any termination of this Agreement, regardless of whether the fifth anniversary of the Closing Date has occurred at the time of any such termination. For the purposes of this Section 2.3(e) only, a “Limited Rights Participation” is a participation which does not grant to the participant any direct or indirect voting right with respect to any matters that require the vote or consent of the Lenders hereunder (including the contractual right between such participant and the Lender granting such participation to co...

Deferred Commitment Fee. If Administrative Agent’s funding obligations in respect of the Revolving Loan Commitment under this Agreement terminate for any reason (whether by voluntary termination by Borrowers, by reason of the occurrence of an Event of Default or otherwise) prior to the Commitment Expiry Date, Borrowers shall pay to Administrative Agent, for the benefit of all Lenders, in accordance with their respective pro rata shares, committed to make Revolving Loans, a fee (the “Deferred Commitment Fee”) as compensation for the costs of such Lenders being prepared to make funds available to Borrowers under this Agreement, equal to an amount determined by multiplying the Revolving Loan Commitment by the following applicable percentage amount: three percent (3.0%) if such termination occurs on or prior to the first anniversary of the Closing Date, and two percent (2.0%) if such termination occurs after the first anniversary, but on or prior to the second anniversary of Closing Date and one percent (1.0%) if such termination occurs after the second anniversary, but on or prior to the third anniversary of the Closing Date. No amount will be payable pursuant to this paragraph if Borrowers voluntarily prepay the Obligations in full on or after the third anniversary of the Closing Date.

Deferred Commitment Fee. In addition to all other fees and expenses paid by Borrower in connection with the Loan, Borrower shall pay to Lender a fully earned and nonrefundable commitment fee (the "Deferred Commitment Fee") in an amount equal to one percent (1%) of the original principal balance of this Note (as increased by any further advances), which shall be due and payable upon the earlier of (i) the payment by Borrower of all amounts due hereunder and under the other Loan Documents, or (ii) the Maturity Date (or any acceleration thereof upon an Event of Default). Notwithstanding the foregoing, the Deferred Commitment Fee shall be waived by Lender in the event Borrower refinances the Loan with a new permanent (i.e., ten year term) fixed rate loan from Lender or its affiliates (which may be provided by Lender or its affiliates in their sole discretion). The Deferred Commitment Fee shall not be due with respect to payments of principal resulting from the application of casualty or insurance proceeds to the Debt. [The balance of this page is intentionally left blank]

Deferred Commitment Fee. If Agent’s funding obligations in respect of the Revolving Loan Commitment under this Agreement terminate for any reason (whether by voluntary termination by Borrowers, by reason of the occurrence of an Event of Default or otherwise) prior to the Commitment Expiry Date, Borrowers shall pay to Agent, for the benefit of all Lenders committed to make Revolving Loans, a fee (the “Deferred Commitment Fee”) as compensation for the costs of such Lenders being prepared to make funds available to Borrowers under this Agreement, equal to an amount determined by multiplying the Revolving Loan Commitment by the following applicable percentage amount: three percent (3.0%) for the first year following the Closing Date, two percent (2.0%) for the second and third years following the Closing Date, and one percent (1.0%) thereafter. No Deferred Commitment Fee shall be payable if this Agreement is terminated as a consequence of an assignment made under Section 11.6(a)(i) to which Borrower does not consent.

Deferred Commitment Fee. If Agent’s and Lenders’ funding obligations in respect of the Revolving Loan Commitment under this Agreement terminate for any reason (whether by voluntary termination by Borrowers, by reason of the occurrence of an Event of Default or otherwise) prior to the Commitment Expiry Date, Borrowers shall pay to Agent, for the benefit of all Lenders committed to make Revolving Loans, a fee (the “Deferred Commitment Fee”) as compensation for the costs of such Lenders being prepared to make funds available to Borrowers under this Agreement, equal to an amount determined by multiplying the Revolving Loan Commitment by the following applicable percentage amount: two percent (2.0%) for the first year following the Closing Date, one and one quarter percent (1.25%) for the second year following the Closing Date, three quarters of one percent (0.75%) for the third year following the Closing Date and one quarter of one percent (0.25%) thereafter through and including (1) month prior to the Commitment Expiry Date.