Termination Privilege. The Lessor reserves the right to terminate this Lease upon one hundred and eighty (180) days written notice to the Lessee. In the event that Lessor terminates the Lease prior to the expiration of any term, Lessor will reimburse Lessee for any rental amounts pre-paid under this Lease.
Termination Privilege. Despite anything to the contrary in Section 7.1 of this Agreement, this Agreement may be terminated by Dealer at any time upon ninety (90) days prior written notice and payment to DFS of the following sum (in addition to payment of all Obligations, whether or not by their terms then due) which sum represents liquidated damages for the loss of the bargain and not as a penalty, and the same is hereby acknowledged by Dealer: (i) if Dealer's termination occurs at any time from the date hereof up to and including the date preceding the first anniversary of the date hereof, the sum shall equal One Hundred Twenty Five Thousand Dollars (representing one half of one percent (.50%) multiplied by Twenty-Five Million Dollars ($25,000,000)); and (ii) if Dealer's termination occurs at any time from the first anniversary of the date hereof up to and including the date preceding the second anniversary of the date hereof, the sum shall equal Sixty-Two Thousand Five Hundred Dollars (representing one quarter of one percent (.25%) multiplied by Twenty-Five Million Dollars ($25,000,000)). This sum will also be paid by Dealer if the Agreement is terminated by DFS on account of Dealer's Default, but shall not be payable if the Agreement is terminated by DFS absent a Default by Dealer. 7.1.2
Termination Privilege. Despite anything to the contrary in Section 4.1 of this Agreement, this Agreement may be terminated by Borrower at any time upon having given the applicable Termination Notice and, if terminated in accordance with the terms hereof during the Original Term, payment to DFS of the following sum (in addition to payment of all Obligations, whether or not by their terms then due) which sum represents liquidated damages for the loss of the bargain and not as a penalty, and the same is hereby acknowledged by Borrower: the product of (a) (i) Six Thousand Dollars ($6,000) if Borrower shall have given DFS the Termination Notice described in Section 4.1(I) above, or (ii) One Thousand Five Hundred Dollars ($1,500) if Borrower shall have given DFS the Termination Notice described in Section 4.1(II) above, multiplied by (b) the number of months remaining in the Original Term. This sum will also be paid by Borrower if the Agreement is terminated on account of Borrower's Default. Termination on any date other than the anniversary date will not entitle Borrower to a refund of any fee. DFS shall be entitled to payment of all fees upon Default by Borrower which would have been payable during the original term of this Agreement, or any extension thereof, but for such early termination. These accelerated fees represent liquidated damages are not a penalty. Any such written notice of termination delivered by Borrower to DFS shall be irrevocable. It is understood that Borrower may elect to terminate this Agreement in its entirety only, no section or lending facility may be terminated singly.
Termination Privilege. Despite anything to the contrary in Section 7.1 of this Agreement, this Agreement may be terminated by Dealer at any time upon ninety (90) days prior written notice and payment to CDF of the following sum (in addition to payment of all Obligations, whether or not by their terms then due) which sum represents liquidated damages for the loss of the bargain and not as a penalty, and the same is hereby acknowledged by Dealer: (1) the product of (a) one half of one percent (.50%) multiplied by (b) the highest Average Contract Balance for the last 12 months (or entire term of this Agreement if less than 12 months) prior to the effective date of termination, multiplied by (2) the number of months remaining in the original or renewal term. This sum will also be paid by Dealer if the Agreement is terminated by CDF on account of Dealer's Default.
Termination Privilege. Despite anything to the contrary in Section 7.1 of this Agreement, this Agreement may be terminated by Dealer at any time upon ninety (90) days prior written notice and payment to DFS of the following sum (in addition to payment of all Obligations, whether or not by their terms then due) which sum represents liquidated damages for the loss of the bargain and not as a penalty, and the same is hereby acknowledged by Dealer: (1) Twenty-Five Thousand Dollars ($25,000.00) if termination occurs during the first twelve months following the date of this agreement,(2) Fifteen Thousand Dollars ($15,000.00) if termination occurs during the second twelve months following the date of this agreement. This sum will also be paid by Dealer if the Agreement is terminated on account of Dealer's Default.
Termination Privilege. Despite anything to the contrary in Section 7.1 of this Agreement, this Agreement may be terminated by Dealer at any time upon ninety (90) days prior written notice and payment to DFS of the following sum, if terminated on or prior to the original one-year term of this Agreement, (in addition to payment of all Obligations, whether or not by their terms then due) which sum represents liquidated damages for the loss of the bargain and not as a penalty, and the same is hereby acknowledged by Dealer: (1) the product of (a) one hundred twenty-five one-thousandths of one percent (.125%) per annum multiplied by (b) of the maximum amount of the Accounts Receivable Facility, multiplied by (2) the number of months remaining in such original term. This sum will also be paid by Dealer if the Agreement is terminated on account of a Default.
Termination Privilege. Despite anything to the contrary in Section 7.1 of this Agreement, this Agreement may be terminated by Dealer at any time upon thirty (30) days prior written notice and payment to CDF of an amount equal to one half of one percent of the Accounts Receivable Facility (in addition to payment of all Obligations, whether or not by their terms then due) which sum represents liquidated damages for the loss of the bargain and not as a penalty, and the same is hereby acknowledged by Dealer. This amount will also be paid by Dealer if the Agreement is terminated by CDF on account of Dealer’s Default. Notwithstanding the foregoing, in the event that a controlling interest in Dealer is acquired by a third party or third parties that do not hold such controlling interest at the date hereof, and if subsequent to such change of control of Dealer, Dealer elects to terminate this Agreement pursuant to this Section 7.1.1, then CDF will agree to refund the fee paid by Dealer (or waive such fee if CDF does not require payment prior to such time) that would otherwise be due and payable to CDF by Dealer pursuant to this Section 7.1.1 if the following events occur. Within 90 days after the effective termination of the Agreement Dealer must replace the financing facility provided under this Agreement with a new financing facility providing comparable financing with CDF, or a new financing facility pursuant to which CDF is the Agent if such financing facility is provided by a lender group consisting of more than one lender.
Termination Privilege. Despite anything to the contrary in SECTION 7.1 of this Agreement, this Agreement may be terminated by Dealer at any time upon sixty (60) days prior written notice and payment to DFS of the following sum (in addition to payment of all Obligations, whether or not by their terms then due) which sum represents liquidated damages for the loss of the bargain and not as a penalty, and the same is hereby acknowledged by Dealer: (1) the product of (a) one half of one percent (.50%) multiplied by (b) the highest Average Contract Balance for the last 10 months (or entire term of this Agreement if less than 12 months) prior to the effective date of termination, multiplied by (2) the number of months remaining in the original or renewal term; granted, however that such liquidated damages will only be payable in the event termination occurs during the first ten (1O) month term of this Agreement. This sum will also be paid by Dealer if the Agreement is terminated on account of Dealer's Default. 7.1.2
Termination Privilege. Despite anything to the contrary in Section 7.1 of this Agreement, this Agreement may be terminated by Dealer at any time upon sixty (60 ) days prior written notice and payment of all Obligations, whether or not by their terms then due.
Termination Privilege. Despite anything to the contrary in --------------------- Section 2.8(a) of this Agreement, this Agreement may be terminated by Borrower -------------- at any time upon thirty (30) days prior written notice and payment to Lender of the following sum (in addition to payment of all Obligations, whether or not by their terms then due), which sum represents liquidated damages for the loss of the bargain and not as a penalty, and the same is hereby acknowledged by Borrower: an amount equal to (i) three percent (3.0%) of the Credit Limit if such termination occurs within the first year of the term hereof, (ii) two percent (2.0%) of the Credit Limit if such termination occurs within the second year of the term hereof, and (iii) one percent (1.0%) of the Credit Limit if such termination occurs at any time after the second year of the term hereof. This sum will also be paid by Borrower if this Agreement is terminated on account of an Event of Default.
