Exit definition
Examples of Exit in a sentence
The parties hereto further acknowledge and agree that the Exit Premium is not intended to act as a penalty or to punish the Loan Parties for any repayment or prepayment of the Loans but rather represent compensation for the cost of the Lenders’ investment opportunities.
The Loan Parties and the Lenders acknowledge and agree that the Exit Premium constitutes liquidated damages for loss of investment opportunity and damages suffered by the Lenders shall in no way constitute interest or “unmatured interest” (as such term is used in Section 502(b) of the Bankruptcy Code).
To the extent required under Section 2.18, any prepayment of a Term Loan shall be accompanied by all accrued interest thereon, together with the payment of the Payment Premium (in the case of the Amendment and Restatement Date Term Loans)Make-Whole Amount or Exit Premium (in the case of the Amendment No. 2 Delayed Draw3 Term Loans) (in each case, if applicable on such date), and in the case of Term Benchmark Loans any additional amounts required pursuant to Section 3.05.
Any Exit Premium payable shall constitute liquidated damages sustained by the Lenders as a result of the early repayment or termination and the Loan Parties hereby agree that it is reasonable under the circumstances currently existing in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties to a reasonable calculation of the Lender’s lost profits as a result thereof.
It is agreed that any Payment Premium and any Exit Premium and any Make-Whole Amount payable hereunder shall be presumed to be the liquidated damages sustained by each Lender or each Amendment No. 2 Delayed Draw Term Lender, as applicable, as the result of the early termination, and the Loan Parties agree that it is reasonable under the circumstances currently existing.