Failure Fee definition

Failure Fee is defined in Section 2.7(g).
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Examples of Failure Fee in a sentence

  • If a Data Delivery Failure occurs, Borrower shall pay Lender, without demand, the applicable Data Delivery Failure Fee on the first Business Day following each occurrence of a Data Delivery Failure.

  • The collection of the Data Delivery Failure Fee shall be in addition to Lender's other rights and remedies under the Loan Documents and, until paid, shall be deemed added to the Debt, secured by the Security Instrument and shall bear interest at the Default Rate.

  • In no event shall the Company be entitled to receive both the Parent Termination Fee and the Regulatory Failure Fee.

  • Under no circumstances shall Parent be required to pay both the Parent Intervening Event Fee and the Parent Financing Failure Fee, it being understood and agreed that, except as set forth in Section 10.03(c), only one payment of either the Parent Intervening Event Fee and the Parent Financing Failure Fee shall ever be payable hereunder.

  • Payment of the Closing Failure Fee shall be made by wire transfer of same day funds to the accounts designated by the Company as promptly as reasonably practicable after termination of this Agreement (and, in any event, within five Business Days thereof).

  • The sole remedy for any termination described in this Section 7.6 shall be the payment of the Termination Fee or the Financing Failure Fee, as applicable, and neither Parent nor the Company shall pay any such fee on more than one occasion.

  • While the Company may pursue both a grant of specific performance in accordance with Section 9.6 and the payment of the Closing Failure Fee under this Section 8.3, under no circumstances shall the Company be permitted or entitled to receive both a grant of specific performance that results in the consummation of the Merger and any money damages, including all or any portion of the Closing Failure Fee.

  • The collection of the Data Delivery Failure Fee shall be in addition to Lender’s other rights and remedies under the Loan Documents and, until paid, shall be deemed added to the Debt, secured by the Security Instrument and shall bear interest at the Default Rate.

  • It is agreed and understood that the Financing Failure Fee is liquidated damages and not a penalty, and the payment of the Financing Failure Fee in the circumstances specified herein is supported by due and sufficient consideration.

  • Notwithstanding the foregoing sentence, Bank agrees to waive the Letter of Intent Deadline Failure Fee if the Borrower's Obligations are indefeasibly paid in full, in cash, on or before August 30, 2004 and before the occurrence of any Event of Default.

Related to Failure Fee

  • Hire Fee the hire fee specified in Item 13.

  • Applicable Utilization Fee means, as of any date that the aggregate Advances exceed 33% of the aggregate Commitments, a percentage per annum determined by reference to the Public Debt Rating in effect on such date as set forth below: -------------------------------- ----------------------------- Public Debt Rating Applicable S&P/Moody's Utilization Fee -------------------------------- ----------------------------- Level 1 BBB+ or Baa1 or above 0.125% -------------------------------- ----------------------------- Level 2 BBB or Baa2 0.250% -------------------------------- ----------------------------- Level 3 BBB- and Baa3 ▇.▇▇▇% -------------------------------- ----------------------------- Level 4 BBB- or Baa3 ▇.▇▇▇% -------------------------------- ----------------------------- Level 5 BB+ and Ba1 ▇.▇▇▇% -------------------------------- ----------------------------- Level 6 Lower than Level 5 ▇.▇▇▇% -------------------------------- -----------------------------

  • Utilization Fee shall have the meaning assigned to such term in Section 2.06(b).

  • Default Fee means with respect to any amount due and payable by Seller in respect of any Aggregate Unpaids, an amount equal to the greater of (i) $1000 and (ii) interest on any such unpaid Aggregate Unpaids at a rate per annum equal to 2% above the Prime Rate.

  • Non-Utilization Fee has the meaning assigned thereto in the Pricing Side Letter.