Common use of Deferred Revolving Loan Origination Fee Clause in Contracts

Deferred Revolving Loan Origination Fee. If Lenders’ funding obligations in respect of the Revolving Loan Commitment under this Agreement are terminated by, or at the request of, Borrowers on or prior to the third anniversary of the Closing Date in accordance with the terms of this Agreement, Borrowers shall pay to Agent on the date of such reduction, for the benefit of all Lenders committed to make Revolving Loans on the Closing Date, a fee (the “Deferred Revolving Loan Origination 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 amount of the Revolving Loan Commitment so terminated or permanently reduced by the following applicable percentage amount: (w) three percent (3.0%) for the first year following the Closing Date, (x) two percent (2.0%) for the second year following the Closing Date, (y) one percent (1.0%) for the third year following the Closing Date, and (z) zero percent (0%) following the third anniversary of the Closing Date. All fees payable pursuant to this paragraph shall be deemed fully earned on the Closing Date and non-refundable once paid.

Deferred Revolving Loan Origination Fee. If Lenders’ funding obligations in respect of the Revolving Loan Commitment under this Agreement are terminated byterminate for any reason (whether by voluntary termination by Borrowers, by reason of the occurrence of an Event of Default or at otherwise) other than as a result of a refinancing of 100% of the request of, Borrowers on or Loans by Agent and all Lenders prior to the third anniversary of the Closing Date in accordance with the terms of this AgreementCommitment Expiry Date, Borrowers shall pay to Agent on the date of such reductiontermination, for the benefit of all Lenders committed to make Revolving Loans on the Closing Date, a fee (the “Deferred Revolving Loan Origination 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 amount of the Revolving Loan Commitment so terminated or permanently reduced by the following applicable percentage amount: (w) three percent (3.03%) for the first year following the Closing Date, (x) two percent (2.02%) for the second year following the Closing Date, (y) and one percent (1.01%) for the third year following the Closing Date, and (z) zero percent (0%) following the third anniversary of the Closing Datethereafter. All fees payable pursuant to this paragraph shall be deemed fully earned on the Closing Date and non-refundable once paidas of the Closing Date.

Deferred Revolving Loan Origination Fee. If Lenders’ funding obligations in respect of the Revolving Loan Commitment under this Agreement terminate or are terminated bypermanently reduced for any reason (whether by voluntary termination by Borrowers, by reason of the occurrence of an Event of Default or at the request of, Borrowers on or otherwise) prior to the third anniversary of the Closing Date in accordance with the terms of this AgreementMaturity Date, Borrowers shall pay to Agent on the date of such reduction, for the benefit of all Lenders committed to make Revolving Loans on the Closing Date, a fee (the “Deferred Revolving Loan Origination 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 amount of the Revolving Loan Commitment so terminated or permanently reduced by the following applicable percentage amount: (w) three percent (3.0%) for if such prepayment occurs on or prior to the first year following anniversary of the Closing Date, (x) two percent (2.0%) for if such prepayment occurs after the first anniversary of the Closing Date but on or prior to the second year following anniversary of the Closing Date, (y) one percent (1.0%) for if such prepayment occurs after the second anniversary of the Closing Date and prior to or on the third year following anniversary of the Closing Date, and (z) zero percent (0%) following if such prepayment occurs after the third anniversary of the Closing Date. All fees payable pursuant to this paragraph shall be deemed fully fully-earned on the Closing Date and non-refundable once paidas of the Closing Date.

Deferred Revolving Loan Origination Fee. If Lenders’ funding obligations in respect of the Revolving Loan Commitment under this Agreement are terminated byterminate for any reason (whether by voluntary termination by Borrowers, by reason of the occurrence of an Event of Default or at otherwise) other than as a result of a refinancing of 100% of the request of, Borrowers on or Loans by Agent and all Lenders prior to the third anniversary of Commitment Expiry Date and other than the Closing Date reduction in accordance with the terms of this AgreementRevolving Loan Commitment on the First Amendment Effective Date, Borrowers shall pay to Agent on the date of such reductiontermination, for the benefit of all Lenders committed to make Revolving Loans on the Closing Date, a fee (the “Deferred Revolving Loan Origination 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 amount of the Revolving Loan Commitment so terminated or permanently reduced by the following applicable percentage amount: (w) three percent (3.03%) for the first year following the Closing Third Amendment Effective Date, (x) two percent (2.02%) for the second year following the Closing Third Amendment Effective Date, (y) and one percent (1.01%) for the third year following the Closing Date, and (z) zero percent (0%) following the third anniversary of the Closing Datethereafter. All fees payable pursuant to this paragraph shall be deemed fully earned on the Closing Date and non-refundable once paidas of the Closing Date.”

Deferred Revolving Loan Origination Fee. If Lenders’ funding obligations in respect of the Revolving Loan Commitment under this Agreement terminate or are terminated bypermanently reduced for any reason (whether by voluntary termination by Borrowers, by reason of the occurrence of an Event of Default or at the request of, Borrowers on automatic termination of the Revolving Loan Commitments (including any automatic termination due to the occurrence of an Event of Default described in Section 10.1(f)) or otherwise) prior to the third anniversary of the Closing Date in accordance with the terms of this AgreementMaturity Date, Borrowers shall pay to Agent on the date of such reduction, for the benefit of all Lenders committed to make Revolving Loans on the Closing First Amendment Effective Date, a fee (the “Deferred Revolving Loan Origination 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 amount of the Revolving Loan Commitment so terminated or permanently reduced by the following applicable percentage amount: (w) three percent (3.03.00%) for the first year following the Closing Third Amendment Effective Date, (x) two percent (2.02.00%) for the second year following the Closing Third Amendment Effective Date, (y) one percent (1.01.00%) for the third year following the Closing Third Amendment Effective Date, and (z) zero percent (00.00%) following the third anniversary of the Closing Datethereafter. All fees payable pursuant to this paragraph shall be deemed fully fully-earned on the Closing Date when due and payable and non-refundable once paid.