Deferred Financing Fees Clause Samples

Deferred Financing Fees. As of the Original Closing Date the Term Loan Lenders became entitled to a fee (the “Initial Deferred Financing Fee”) from the Borrower equal to 3% of the Initial Commitments as of the Original Closing Date. On the date of each Additional Loan, each Term Loan Lender shall be entitled to a fee (the “Additional Deferred Financing Fee” and, together with the Initial Deferred Financing Fee, the “Deferred Financing Fee”) from the Borrower equal to 3% of the amount of the Additional Loan made by such Term Loan Lender. The Initial Deferred Financing Fee has been earned in full as of the Original Closing Date and each Additional Deferred Financing Fee shall be earned in full on the date the related Additional Loan is made. Except as provided below, the Initial Deferred Financing Fee and each Additional Deferred Financing Fee shall be payable to the then holders of the Notes issued with respect to the Term Loans on (i) the occurrence of an Event of Default described in Sections 7(a), (e)(i) or (e)(ii) (other than an Event of Default occasioned by failure to pay the installment of interest due October 1, 2003, on the 10-7/8% Notes), (ii) the date on which the Term Loans are declared or otherwise become immediately due and payable pursuant to Section 7 and (iii) the date on which the Term Loans are prepaid or repaid in full (such date, the “Deferred Financing Fee Payment Date”); provided, however, that: (i) any optional prepayment of the Term Loans pursuant to Section 2.6 shall reduce the Deferred Financing Fee payable as follows: (A) If such optional prepayment is made prior to the date six months after the Original Closing Date, the Deferred Financing Fee payable shall equal (1) 2% of the amount of the principal so prepaid (which portion of the Deferred Financing Fee shall accompany any such prepayment) and (2) to the extent the amount so prepaid is less than all of the principal amount outstanding, 3% of the aggregate principal amount of the Term Loans outstanding on the Fee Payment Date; (B) If such optional prepayment is made on or after the date six months after the Original Closing Date but on or prior to the date 10 months after the Original Closing Date, the Deferred Financing Fee shall equal (1) 1% of the amount of the principal so prepaid (which portion of the Deferred Financing Fee shall accompany any such prepayment) and (2) to the extent the amount so prepaid is less than all of the principal amount outstanding, 3% of the aggregate principal amount of t...