Common use of Ongoing Facility Fee Clause in Contracts

Ongoing Facility Fee. The Borrower will be required to pay to the Issuer a further fee for the provision by the Issuer of the Term Facilities (the “Ongoing Facility Fee”) in an amount equal to the aggregate of, without double counting,: (a) all amounts due and payable by the Issuer: (i) under paragraphs (a)(i), (b)(i), (c) to (l) (inclusive) of the Issuer Pre-Enforcement Priority of Payments; or (ii) (a)(i), (b)(i), (c) to (l) (inclusive) of the Issuer Post-Enforcement Priority of Payments; (b) in relation to each Loan Payment Date falling in October, euro 20,000 (or in relation to the Closing Date, euro 25,000) for deposit into the Issuer Dutch Account from time to time; and (c) in relation to each Loan Payment Date falling in October, euro 10,000 payable by the Issuer under the Management Agreement pursuant to paragraph (b)(ii) of the Issuer Pre-Enforcement Priority of Payments or, as applicable, paragraph (b)(ii) of the Issuer Post-Enforcement Priority of Payments, (any such amounts, “Issuer Costs”) in each case to the extent the Issuer has insufficient funds to make such payments after taking into account amounts receivable by the Issuer by way of interest and principal in relation to the Term Advances and from the Interest Rate Swap Counterparty (or the Interest Rate Swap Guarantor) under the Interest Rate Swap Agreement and amounts which may be drawn under the Liquidity Facility Agreement, such payment by way of Ongoing Facility Fee to be made on the date on which any such Issuer Costs are payable by the Issuer in accordance with the Issuer Pre-Enforcement Priority of Payments or, as the case may be, the Issuer Post-Enforcement Priority of Payments.

Ongoing Facility Fee. The Borrower Borrowers will be required to pay to the Issuer a further fee for the provision by the Issuer of the Term Facilities (the “"Ongoing Facility Fee”") in an amount equal to the aggregate of, without double counting,following: (a) the aggregate of all amounts due and payable by the Issuer: (i) under on a Note Payment Date pursuant to paragraphs (a)(i) and (ii), (b)(i) and (ii), (cc)(i), (ii), (iii) and (iv), (d), (e), (f)(i), (g)(i) and (l)(i), (ii) and (iii) of the Issuer Pre-Enforcement Priority of Payments (but only, in relation to amounts due and payable by the Issuer pursuant to paragraph (l) (inclusivee) of the Issuer Pre-Enforcement Priority of Payments, Back to Contents to the extent that the amount payable by the Issuer on that Note Payment Date pursuant to that paragraph exceeds the amounts payable by the Borrowers to the Issuer on that Note Payment Date pursuant to paragraphs (h), (j)(iii) and (k)(ii) of the Borrower Post-Enforcement (Pre-Acceleration) Priority of Payments or paragraphs (g), (h)(iii) and (i)(ii) of the Borrower Post-Enforcement (Post-Acceleration) Priority of Payments or prior to the delivery by the Borrower Security Trustee of a Loan Enforcement Notice to any Borrower, corresponding amounts otherwise payable pursuant to this Agreement and the Borrower Pre-Enforcement Covenant; or (ii) on any date pursuant to paragraphs (a)(i) and (ii), (b)(i), (ii), (iii) and (iv), (c), (d), (e)(i), (f)(i) to and (lk)(i), (ii) and (inclusiveiii) of the Issuer Post-Enforcement Priority of Payments; Payments (b) but only, in relation to each Loan Payment Date falling in October, euro 20,000 (or in relation to the Closing Date, euro 25,000) for deposit into the Issuer Dutch Account from time to time; and (c) in relation to each Loan Payment Date falling in October, euro 10,000 amounts due and payable by the Issuer under the Management Agreement pursuant to paragraph (b)(ii) of the Issuer Pre-Enforcement Priority of Payments or, as applicable, paragraph (b)(iid) of the Issuer Post-Enforcement Priority of Payments, to the extent that the amount payable by the Issuer pursuant to that paragraph on that date exceeds the amounts payable by the Borrowers to the Issuer on that date pursuant to paragraphs (h), (j)(iii) and (k)(ii) of the Borrower Post-Enforcement (Pre-Acceleration) Priority of Payments or paragraphs (g), (h)(iii) and (i)(ii) of the Borrower Post-Enforcement (Post-Acceleration) Priority of Payments) or prior to the delivery by the Borrower Security Trustee of a Loan Enforcement Notice to any Borrower, corresponding amounts otherwise payable pursuant to this Agreement and the Borrower Pre-Enforcement Covenant; and (b) the aggregate of all amounts due and payable by the Issuer on any date (including a Note Payment Date) pursuant to paragraph (b)(i) of the Issuer Pre-Enforcement Priority of Payments, (any such amounts, “"Issuer Costs”) in each case to the extent the Issuer has insufficient funds to make such payments after taking into account amounts receivable by the Issuer by way of interest and principal in relation to the Term Advances and from the Interest Rate Swap Counterparty (or the Interest Rate Swap Guarantor) under the Interest Rate Swap Agreement and amounts which may be drawn under the Liquidity Facility Agreement"), such payment by way of Ongoing Facility Fee to be made on the date on which any such Issuer Costs are payable by the Issuer in accordance with the Issuer Pre-Enforcement Priority of Payments or, as the case may be, the Issuer Post-Enforcement Priority of Payments. Each Borrower will pay such fees in an allocation as they may determine between them or, failing such determination, such proportion of each payment by way of Ongoing Facility Fee as that part of the aggregate principal amount of the Term Advances advanced to it and outstanding on the date on which the Ongoing Facility Fee is to be paid bears to the aggregate principal amount of the Term Advances outstanding on such date.

Ongoing Facility Fee. The Borrower Borrowers will be required to pay to the Issuer a further fee for the provision by the Issuer of the Term Facilities (the “"Ongoing Facility Fee”") in an amount equal to the aggregate of, without double counting,following: (a) the aggregate of all amounts due and payable by the Issuer: (i) under on a Note Payment Date pursuant to paragraphs (a)(i) and (ii), (b)(i) and (ii), (cc)(i), (ii), (iii) and (iv), (d), (e), (f)(i), (g)(i) and (l)(i), (ii) and (iii) of the Issuer Pre-Enforcement Priority of Payments (but only, in relation to amounts due and payable by the Issuer pursuant to paragraph (l) (inclusivee) of the Issuer Pre-Enforcement Priority of Payments, to the extent that the amount payable by the Issuer on that Note Payment Date pursuant to that paragraph exceeds the amounts payable by the Borrowers to the Issuer on that Note Payment Date pursuant to paragraphs (h), (j)(iii) and (k)(ii) of the Borrower Post-Enforcement (Pre-Acceleration) Priority of Payments or paragraphs (g), (h)(iii) and (i)(ii) of the Borrower Post-Enforcement (Post-Acceleration) Priority of Payments or prior to the delivery by the Borrower Security Trustee of a Loan Enforcement Notice to any Borrower, corresponding amounts otherwise payable pursuant to this Agreement and the Borrower Pre-Enforcement Covenant; or (ii) on any date pursuant to paragraphs (a)(i) and (ii), (b)(i), (ii), (iii) and (iv), (c), (d), (e)(i), (f)(i) to and (lk)(i), (ii) and (inclusiveiii) of the Issuer Post-Enforcement Priority of Payments; Payments (b) but only, in relation to each Loan Payment Date falling in October, euro 20,000 (or in relation to the Closing Date, euro 25,000) for deposit into the Issuer Dutch Account from time to time; and (c) in relation to each Loan Payment Date falling in October, euro 10,000 amounts due and payable by the Issuer under the Management Agreement pursuant to paragraph (b)(ii) of the Issuer Pre-Enforcement Priority of Payments or, as applicable, paragraph (b)(iid) of the Issuer Post-Enforcement Priority of Payments, to the extent that the amount payable by the Issuer pursuant to that paragraph on that date exceeds the amounts payable by the Borrowers to the Issuer on that date pursuant to paragraphs (h), (j)(iii) and (k)(ii) of the Borrower Post-Enforcement (Pre-Acceleration) Priority of Payments or paragraphs (g), (h)(iii) and (i)(ii) of the Borrower Post-Enforcement (Post-Acceleration) Priority of Payments) or prior to the delivery by the Borrower Security Trustee of a Loan Enforcement Notice to any Borrower, corresponding amounts otherwise payable pursuant to this Agreement and the Borrower Pre-Enforcement Covenant; and (b) the aggregate of all amounts due and payable by the Issuer on any date (including a Note Payment Date) pursuant to paragraph (b)(i) of the Issuer Pre-Enforcement Priority of Payments, (any such amounts, “"Issuer Costs”) in each case to the extent the Issuer has insufficient funds to make such payments after taking into account amounts receivable by the Issuer by way of interest and principal in relation to the Term Advances and from the Interest Rate Swap Counterparty (or the Interest Rate Swap Guarantor) under the Interest Rate Swap Agreement and amounts which may be drawn under the Liquidity Facility Agreement"), such payment by way of Ongoing Facility Fee to be made on the date on which any such Issuer Costs are payable by the Issuer in accordance with the Issuer Pre-Enforcement Priority of Payments or, as the case may be, the Issuer Post-Enforcement Priority of Payments. Back to Contents Each Borrower will pay such fees in an allocation as they may determine between them or, failing such determination, such proportion of each payment by way of Ongoing Facility Fee as that part of the aggregate principal amount of the Term Advances advanced to it and outstanding on the date on which the Ongoing Facility Fee is to be paid bears to the aggregate principal amount of the Term Advances outstanding on such date.