Term Loan Early Termination Fee definition
Examples of Term Loan Early Termination Fee in a sentence
There shall be no Term Loan Early Termination Fee payable if the Termination Date occurs after July 1, 2008.
All parties to this Agreement agree and acknowledge that the Term Lenders will have suffered damages on account of the early termination of this Agreement and that, in view of the difficulty in ascertaining the amount of such damages, the Term Loan Early Termination Fee constitutes reasonable compensation and liquidated damages to compensate the Term Lenders on account thereof.
Simultaneously with any such prepayment, the Borrowers shall also pay the Tranche B Term Loan Early Termination Fee to the extent required by SECTION 2.14(b).
All parties to this Agreement agree and acknowledge that the Term Lender will have suffered damages on account of the early termination of this Agreement and that, in view of the difficulty in ascertaining the amount of such damages, the Term Loan Early Termination Fee constitutes reasonable compensation and liquidated damages to compensate the Term Lender on account thereof.
Notwithstanding the foregoing, in the event that (A) the Borrowers refinance the Tranche B Term Loan with a credit facility provided by the Tranche B Term Lender (which refinance shall be in the sole discretion of the Tranche B Term Lender) or in which the Tranche B Term Lender is a lender as of the closing of such new credit facility, or (B) any portion of the Tranche B Term Loan is paid on or after January 25, 2007 for any reason, the Tranche B Term Loan Early Termination Fee shall not be payable.
The Term Loan Early Termination Fee shall not be payable by the Obligors where such illegality or unlawfulness arises as a result of an act or omission on the part of the Agent but, for the avoidance of doubt, the Term Loan Early Termination Fee shall be payable by the Obligors where such illegality or unlawfulness arises as a result of any act or omission on such Obligor’s part.
Notwithstanding the foregoing, in the event that (A) the Borrowers refinance the Term Loan with a credit facility provided by the Term Lender (which refinance shall be in the sole discretion of the Term Lender) or in which the Term Lender is a lender as of the closing of such new credit facility, or (B) any portion of the Term Loan is paid on or after September 22, 2006 for any reason, the Term Loan Early Termination Fee shall not be payable.
The Term Loan Early Termination Fee (A) shall be pro rated in the event of any partial repayment of the Term Loan, (B) shall be calculated only with respect to the portion of the Term Loan so prepaid, and (C) shall constitute liquidated damages for the loss of the bargain and not a penalty.
Notwithstanding the foregoing to the contrary, the Term Loan may be prepaid in whole or in part subsequent to May 24, 2004 without the payment of the Term Loan Early Termination Fee or any other prepayment premium or penalty.