Common use of Fees Fully Earned Clause in Contracts

Fees Fully Earned. Unless otherwise provided in this Agreement or in a separate writing by Bank, Borrower shall not be entitled to any credit, rebate, or repayment of any fees earned by Bank pursuant to this Agreement notwithstanding any termination of this Agreement or the suspension or termination of Bank’s obligation to make Advances hereunder. Bank may, with the prior written consent of Borrower, deduct amounts owing by Borrower under the clauses of this Section 2.5 pursuant to the terms of Section 2.4.

Appears in 3 contracts

Samples: Loan and Security Agreement (AvePoint, Inc.), Loan and Security Agreement (Apex Technology Acquisition Corp), Loan and Security Agreement (Apex Technology Acquisition Corp)

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Fees Fully Earned. Unless otherwise provided in this Agreement or in a separate writing by Bank, Borrower shall not be entitled to any credit, rebate, or repayment of any fees earned by Bank pursuant to this Agreement notwithstanding any termination of this Agreement or the suspension or termination of Bank’s obligation to make Advances loans and advances hereunder. Bank may, with the prior written consent of Borrower, may deduct amounts owing by Borrower under the clauses of this Section 2.5 2.6 pursuant to the terms of Section 2.42.7(c).

Appears in 3 contracts

Samples: Loan and Security Agreement (iRhythm Technologies, Inc.), Loan and Security Agreement (iRhythm Technologies, Inc.), Loan and Security Agreement (iRhythm Technologies, Inc.)

Fees Fully Earned. Unless otherwise provided in this Agreement or in a separate writing by Bank, Borrower shall not be entitled to any credit, rebate, or repayment of any fees earned by Bank Collateral Agent or Lenders pursuant to this Agreement notwithstanding any termination of this Agreement or the suspension or termination of Bank’s Lenders’ obligation to make Advances loans and advances hereunder. Bank may, with the prior written consent of Borrower, Collateral Agent and each Lender may deduct amounts owing by Borrower under the clauses of this Section 2.5 pursuant to the terms of Section 2.42.3(d).

Appears in 2 contracts

Samples: Loan and Security Agreement (Halozyme Therapeutics Inc), Loan and Security Agreement (Halozyme Therapeutics Inc)

Fees Fully Earned. Unless otherwise provided in this Agreement or in a separate writing by Bankthe Lenders, Borrower shall not be entitled to any credit, rebate, or repayment of any fees paid to or earned by Bank any Lender pursuant to this Agreement notwithstanding any termination of this Agreement or the suspension or termination of Bank’s obligation to make Advances hereunderAgreement. Bank may, with the prior written consent of Borrower, Each Lender may deduct amounts owing by Borrower under the clauses of this Section 2.5 2.4 pursuant to the terms of Section 2.3( d). Agent shall provide Borrower written notice of deductions made from the Designated Deposit Account pursuant to the terms of the clauses of this Section 2.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Transgenomic Inc)

Fees Fully Earned. Unless otherwise provided in this Agreement or in a separate writing by Bank, Borrower shall not be entitled to any credit, rebate, or repayment of any fees earned by Bank pursuant to this Agreement notwithstanding any termination of this Agreement or the suspension or termination of Bank’s obligation to make Advances loans and advances hereunder. Bank may, with the prior written consent of Borrower, may deduct amounts owing by Borrower under the clauses of this Section 2.5 pursuant to the terms of Section 2.42.7(c).

Appears in 1 contract

Samples: Loan and Security Agreement (Similarweb Ltd.)

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Fees Fully Earned. Unless otherwise provided in this Agreement or in a separate writing by Bank, Borrower Xxxxxxxx shall not be entitled to any credit, rebate, or repayment of any fees earned by Bank pursuant to this Agreement notwithstanding any termination of this Agreement or the suspension or termination of Bank’s obligation to make Advances hereunder. Bank may, with the prior written consent of BorrowerXxxxxxxx, deduct amounts owing by Borrower under the clauses of this Section 2.5 pursuant to the terms of Section 2.4.

Appears in 1 contract

Samples: Loan and Security Agreement (AvePoint, Inc.)

Fees Fully Earned. Unless otherwise provided in this Agreement or in a separate writing by Bank, Borrower shall not be entitled to any credit, rebate, or repayment of any fees earned by Bank pursuant to this Agreement notwithstanding any termination of this Agreement or the suspension or termination of Bank’s obligation to make Advances any loan hereunder. Bank may, with the prior written consent of Borrower, may deduct amounts owing by Borrower under the clauses of this Section 2.5 2.4 pursuant to the terms of Section 2.42.5(c).

Appears in 1 contract

Samples: Subordinated Loan and Security Agreement (RhythmOne PLC)

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