Yield Maintenance Fee. If, at any time prior to the date which is the six-month anniversary of the Closing Date (the “Six Month Anniversary”), the Borrowers elect to prepay any portion of the Loans and/or reduce or terminate the Aggregate Commitment pursuant to a Repricing Transaction, the Borrowers agree to pay to each Lender on the effective date of such prepayment or reduction or termination of the Aggregate Commitment, as applicable, a fee equal to (i) the sum of, without duplication, (x) the amount of such Lender’s Loans that are prepaid plus (y) the amount equal to the reduction in such Lender’s Commitment (or, in the case of termination of the Aggregate Commitment, the entire amount of such Lender’s Commitment) times (ii) (x) Applicable Margin times (y) the number of days remaining from the effective date of such prepayment, reduction or termination until the Six Month Anniversary over 360.
Yield Maintenance Fee. If, at any time the Borrower wishes to prepay a Revolver Portion or the Term Loan and: (i) the interest rate on the balance being prepaid is accruing at the LIBOR Rate, and (ii) Bank in its sole discretion should determine that current market conditions can accommodate such a prepayment, Borrower shall have the right at any time and from time to time to prepay the entire Revolver Portion or Term Loan in whole (but not in part), and Borrower shall pay to Bank a yield maintenance fee in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the expiration date of the applicable Interest Rate Election Period for the funds being prepaid, shall be subtracted from the "cost of funds" component of the fixed rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount being prepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining until the expiration of the applicable Interest Rate Election Period. Said amount shall be reduced to present value calculated by using the above-referenced United States Treasury security rate and the number of days remaining until the expiration of the applicable Interest Rate Election Period. The resulting amount shall be the yield maintenance fee due to Bank upon prepayment. If by reason of an Event of Default Bank elects to declare one or more of the Loans to be immediately due and payable, then any yield maintenance fee with respect to any portion of the Loans accruing at a fixed rate and declared immediately due by the Bank, shall become due and payable in the same manner as though the Borrower had exercised such right of prepayment. Any portion of the Revolver or Term Loan, accruing interest at the Floating Rate may be prepaid at any time without payment of a yield maintenance fee.
Yield Maintenance Fee. If the Borrower prepays or repays an Advance in accordance with Section 4.1 (excluding any prepayment of a portion of the Advances pursuant to Section 4.1(e) or Section 4.1(f)) or a Reduction Action occurs in respect of an Advance, whether before or after (i) the occurrence of an Event of Default or (ii) the occurrence of any Event of Bankruptcy, and notwithstanding any acceleration (for any reason) of the Obligations, the Borrower shall pay the Yield Maintenance Fee with respect to such prepayment, repayment or Reduction Action, as applicable, and such Yield Maintenance Fee shall be due and payable. The Yield Maintenance Fee shall also be payable with respect to any prepayments or distributions made by the Borrower pursuant to Section 5.2(c). For avoidance of doubt, except as set forth in Section 4.1(a), no Yield Maintenance Fee shall be payable with respect to any payments or distributions made by or on behalf of the Borrower pursuant to Section 5.2(b). Notwithstanding anything herein to the contrary, (x) the Yield Maintenance Fee shall be payable notwithstanding acceleration of the Obligations or the Maturity Date for any reason, including, without limitation, acceleration in accordance with Section 10.2 (including, without limitation, as a result of the occurrence of an Event of Bankruptcy), and (y) the acceleration thereof shall be treated as if the Advances were prepaid or repaid on the date of such acceleration.
Yield Maintenance Fee. (i) Subject to clause (ii) below, in the event that (A) the Borrower makes any prepayment of Loans pursuant to Section 2.04(a), Section 2.04(b)(vi) or Section 2.04(b)(vii) or (B) the unpaid principal balance of any Loan is accelerated (whether by election or automatically) upon the occurrence of an Event of Default pursuant to Section 6.01 (including any acceleration upon the occurrence of an actual or deemed entry of an order for relief with respect to any Loan Party under the Bankruptcy Code or any other Bankruptcy Law, including, without limitation, upon the occurrence of an Event of Default pursuant to Section 6.01(f)), in each case during the Yield Maintenance Period (the principal amount of such prepayment or amount so accelerated being the “Prepayment Amount”), the Borrower shall pay to the Administrative Agent, for the ratable benefit of the Lenders, a Yield Maintenance Fee in an amount equal to the sum of the interest that would have been payable on the Prepayment Amount (in the absence of such prepayment or acceleration) at a rate per annum equal to the Applicable Margin (x) on all scheduled Interest Payment Dates falling after the date of prepayment or acceleration until the end of the Yield Maintenance Period and (y) if the last day of the Yield Maintenance Period is not an Interest Payment Date, on the last day of the Yield Maintenance Period. Senior Secured Term Loan Credit Agreement among U.S. Well Services, Inc., USWS Holdings LLC, U.S. Well Services, LLC, the Subsidiary Guarantors, the Initial Lenders, and CLMG Corp. dated as of May 7, 2019
Yield Maintenance Fee. If the Borrower prepays or repays an Advance in accordance with Section 4.1 or a Reduction Action occurs in respect of an Advance, whether before or after (i) the occurrence of an Event of Default or (ii) the occurrence of any Event of Bankruptcy, and notwithstanding any acceleration (for any reason) of the Obligations, the Borrower shall pay the Yield Maintenance Fee with respect to such prepayment, repayment or Reduction Action, as applicable, and such Yield Maintenance Fee shall be due and payable. The Yield Maintenance Fee shall also be payable with respect to any prepayments or distributions made by the Borrower pursuant to Section 5.2(c). For avoidance of doubt, except as set forth in Section 4.1(a), no Yield Maintenance Fee shall be payable with respect to any payments or distributions made by or on behalf of the Borrower pursuant to Section 5.2(b). Notwithstanding anything herein to the contrary, the Yield Maintenance Fee shall be payable notwithstanding acceleration of the Obligations or the Maturity Date for any reason, including, without limitation, acceleration in accordance with Section 10.2 (including, without limitation, as a result of the occurrence of an Event of Bankruptcy).
Yield Maintenance Fee. If the Borrower prepays or becomes obligated to repay an Advance in accordance with Section 4.1(a), (c), (d) or (e) or Section 9.1(bb) or a Reduction Action occurs in respect of an Advance, the Borrower shall pay the Yield Maintenance Fee with respect to such prepayment, repayment or Reduction Action, as applicable, and such Yield Maintenance Fee shall be due and payable. For the avoidance of doubt, (i) with respect to any single prepayment or repayment of an Advance or occurrence of a Reduction Action in respect of an Advance, only one Yield Maintenance Fee shall be due and payable in connection therewith, (ii) the Yield Maintenance Fee shall also be payable with respect to any prepayments or distributions made by the Borrower pursuant to Section 5.2(c) and (iii) no Yield Maintenance Fee shall be payable with respect to any payments or distributions made by or on behalf of the Borrower pursuant to Section 5.2(b). Notwithstanding anything herein to the contrary, the Yield Maintenance Fee shall be payable notwithstanding acceleration of the Maturity Date pursuant to Section 10.2.
Yield Maintenance Fee. Upon the occurrence of the Second Supplemental Loan Termination Date, for any reason, the Borrowers shall pay to the Lender a "Second Supplemental Loan Yield Maintenance Fee" equal to the difference between $550,000 and the combined sum of all interest and fees actually paid to the Lender on account of the Second Supplemental Loan from the Closing Date to the Second Supplemental Loan Termination Date, but in no event shall the Second Supplemental Loan Yield Maintenance Fee be less than zero. The Second Supplemental Loan Yield Maintenance Fee shall be paid as liquidated damages for the loss by the Lender of the benefit of its bargain with respect to the Second Supplemental Loan and not as a penalty. In the event that the Borrower elects to make a partial prepayment of the Second Supplemental Loan, the Borrower shall pay a proportional amount of the Second Supplemental Loan Yield Maintenance Fee equal to (a) (i) a fraction, the numerator of which is equal to the principal amount prepaid and the denominator of which is equal to $4,000,000, times (ii) $550,000 less (b) the sum of (i) interest paid to Lender to date on account of the Second Supplemental Loan, (ii) the Second Supplemental Loan Closing Fee and (iii) the Second Supplemental Loan Exit Fee (but in no event shall such proportional amount of the Second Supplemental Loan Yield Maintenance Fee be less than zero)."
Yield Maintenance Fee. Upon any prepayment in accordance with subparagraphs (a) or (b) of this Section 4.3, Borrower shall pay to Purchaser, upon the request of Purchaser, such amount or amounts as shall be sufficient (in the reasonable opinion of Purchaser) to compensate it for any loss, cost, or expense inured as a result of: (i) any payment of a LIBOR Loan or Tax-Exempt LIBOR Loan on a date other than the last day of the Interest Period for such Loan; (ii) any failure by Borrower to borrow a LIBOR Loan or Tax-Exempt LIBOR Loan on the date specified by Borrower's written notice; or (iii) any failure by Borrower to pay a LIBOR Loan or Tax-Exempt LIBOR Loan on the date for payment specified in Borrower's written notice. Without limiting the foregoing, Borrower shall pay to Purchaser a "yield maintenance fee" in an amount computed as follows: The current rate for United States Treasury
Yield Maintenance Fee. Upon the occurrence of the Supplemental Loan Termination Date, for any reason, the Borrowers shall pay to the Lender a "Supplemental Loan Yield Maintenance Fee" equal to the difference between $325,000 and the combined sum of all interest and fees actually paid to the Lender on account of the Supplemental Loan from the Closing Date to the Supplemental Loan Termination Date, but in no event shall the Supplemental Loan Yield Maintenance Fee be less than zero. The Supplemental Loan Yield Maintenance Fee shall be paid as liquidated damages for the loss by the Lender of the benefit of its bargain with respect to the Supplemental Loan and not as a penalty."
