Exit Fee. Concurrently with Borrower’s repayment of the Loan, in whole or in part, and whether or not the Loan is repaid or otherwise satisfied (including in connection with a foreclosure or a deed in lieu thereof) on or before the Maturity Date, in addition to any Fixed Rate Price Adjustment then due, Borrower shall pay to Lender an exit fee in an amount equal to one-eighth of one percent (0.125%) of the amount of the Loan being repaid at such time (the “Exit Fee”). Notwithstanding the foregoing, if Borrower repays (i) all or any portion of the Loan with proceeds from replacement financing provided by Lender or (ii) the entire Loan with proceeds from the sale of the Property to a bona-fide thirty-party (i.e., non-Affiliate) purchaser, then Borrower shall have no obligation to pay any Exit Fee with respect to that portion of the Loan that is repaid with such proceeds. In addition, Borrower shall have no obligation to pay any Exit Fee (a) with respect to a portion of the Loan repaid on the Maturity Date with funds other than refinancing proceeds provided by Lender unless Lender has provided Borrower a reasonable quote for replacement financing, or (b) with respect to a portion of the Loan repaid for the sole purpose of reducing the outstanding amount of the Loan to fifty percent (50%) of the lesser of (i) the Appraised Value of the Property and (ii) the Acquisition Cost of the Property; provided in all circumstances, the Exit Fee shall be deemed earned when paid and non-refundable. For purposes hereof, a quote for replacement financing shall be deemed reasonable if it is consistent with quotes being provided by Lender to other borrowers similarly situated to Borrower at the time of determination with respect to the type of loan being requested, including, without limitation, property type, loan terms and loan structure.
Exit Fee. Upon the earlier to occur of (i) the Term Loan Maturity Date, or (ii) full repayment of the Loan and all other Obligations whether as a result of the acceleration of the Loan, or otherwise, Borrower shall pay an exit fee to Agent, for the benefit of Lenders, in an amount equal to one percent (1.0%) multiplied by the aggregate principal amount of all Term Loans advanced hereunder.
Exit Fee. Upon the Termination Date, Borrower shall pay an exit fee (the “Exit Fee”) to Agent, for the benefit of Lenders, in an amount equal to (i) six and one half of one percent (6.50%) multiplied by the aggregate amount of the Term Loan funded hereunder on or prior to such date plus (ii) $62,500, which Exit Fee shall be deemed fully earned and non-refundable on the Termination Date.
Exit Fee. The Borrower shall pay to the Scottish Ministers an exit fee of £37,500 on the Final Repayment Date or on such other date on which the Facility is repaid in full.
Exit Fee. On the Termination Date or upon any voluntary prepayment of the Term Loan as permitted hereunder or upon any mandatory prepayment of the Term Loan, Borrowers shall pay to Administrative Agent for the benefit of Lenders a fee (the "Exit Fee") equal to the Term Loan Commitment multiplied by the Applicable Exit Fee Percentage. If any such prepayments are made, then upon such prepayment, Borrower shall pay to Administrative Agent the proportionate amount of the Exit Fee attributable to such prepayment; provided, however, that in the event of a casualty or Taking and the application of any Casualty Proceeds therefrom to a prepayment of a portion of the Obligations is required by Administrative Agent, payment of the Exit Fee allocable to such prepayment shall not be required. The term "Applicable Exit Fee Percentage" means: one percent (1.0%) if the payment is made on or before the twenty-fourth (24th) full calendar month following the Closing Date; and one half of one percent (.50%) if the payment is made during or after the twenty-fifth (25th) full calendar month following the Closing Date; provided, however, that if the Termination Date occurs during the Closed Period, the Exit Fee shall be an amount equal to the sum of one percent (1.0%) multiplied by the Term Loan Commitment plus the amount of interest which would have been due and payable from the Termination Date through the end of the Closed Period, assuming a Base Rate equal to the Base Rate as of the Termination Date. Notwithstanding the foregoing, if (i) the Term Loan is repaid with the proceeds of an acquisition or refinancing mortgage loan facility provided by Xxxxxxx Xxxxx with respect to both Projects or (ii) Xxxxxxx Xxxxx fails to deliver a term sheet with respect to providing such mortgage loan facility within thirty (30) days after receipt from Borrowers of a written request for a term sheet, the Exit Fee will be waived.
Exit Fee. Upon any payment or prepayment in full or in part of the Loans hereunder, whether voluntary or involuntary, prior to, on or after the Maturity Date or following the acceleration of the Obligations hereunder, including as a result of the commencement of any Insolvency Proceeding, the Borrower shall pay to each of the Lenders for its own account a fee equal to 3.50% of the aggregate principal amount of such Loans to be paid or prepaid (the “Exit Fee”). The Exit Fee shall be earned, due and payable immediately upon any such payment or prepayment, and shall be in addition to any accrued and unpaid interest, reimbursement obligations, Yield Protection Premium or other amounts payable in connection therewith.
Exit Fee. Upon (x) repayment of the Term A Loans as a result of any Repayment Event, (y) any acceleration of the unpaid principal balance of the Term A Loans (whether by election or automatically) upon the occurrence of an Event of Default pursuant to Section 6.01, or (z) the Maturity Date (each, an “Exit Fee Event”), the Borrowers shall pay to the Administrative Agent, for the ratable benefit of the Term Loan A Lenders, an Exit Fee in an amount equal to the positive difference, if any, of (i) (A) if such Exit Fee Event occurs on or prior to December 31, 2021, [***] percent ([***]%) or (B) if such Exit Fee Event occurs after December 31, 2021, [***] percent ([***]%), in either case, of the aggregate principal amount of the Term A Loans funded on the Effective Date or any other time (including any Incremental Term Loans) minus (ii) the sum of (A) the amount of the Structuring Fee (as defined in the Fee Letter) paid pursuant to Section 2.06(a) and (B) an amount equal to the amount of interest paid on the Term A Loans comprised of the Applicable Margin through and including the date of such Exit Fee Event. EACH BORROWER AND GUARANTOR EXPRESSLY WAIVES (TO THE FULLEST EXTENT IT MAY LAWFULLY DO SO) THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE OR LAW THAT PROHIBITS OR MAY PROHIBIT THE COLLECTION OF THE FOREGOING EXIT FEE IN CONNECTION WITH ANY SUCH ACCELERATION. Each Borrower and Guarantor expressly agrees (to the fullest extent that it may lawfully do so) that: (A) the Exit Fee is reasonable and is the product of an arm’s length transaction between sophisticated business people, ably represented by counsel; (B) THE EXIT FEE DOES NOT CONSTITUTE, AND SHALL NOT BE DEEMED OR CONSIDERED TO BE, UNMATURED INTEREST ON ANY LOAN OR OTHER AMOUNT AND NO BORROWER OR GUARANTOR SHALL ARGUE UNDER ANY CIRCUMSTANCE THAT THE EXIT FEE CONSTITUTES UNMATURED INTEREST ON ANY LOAN; (C) the Exit Fee shall be payable notwithstanding the then prevailing market rates at the time payment is made; (D) there has been a course of conduct between the Lenders and the Borrowers and Guarantors giving specific consideration in this transaction for such agreement to pay the Exit Senior Secured Term Loan Credit Agreement among Kosmos Energy LTD., Kosmos Energy GOM Holdings, LLC, Kosmos Energy Gulf of Mexico Operations, LLC, the other Guarantors party hereto, the Initial Lenders, and CLMG Corp. dated as of September 30, 2020 Page 50 of 146 US 7362483v.35 Fee; (E) each Borrower and Guarantor shall each be est...
Exit Fee. See §3.5.
Exit Fee. As consideration of Xxxxxx’s making of the Loan to Xxxxxxxx, Xxxxxxxx agrees to pay a deferred financing fee (“Exit Fee”) to Lender in an amount equal to two percent (2.00%) of the original principal amount of the Loan. Although the Exit Fee is earned in full on the date hereof, Xxxxxx hereby agrees to defer payment of the Exit Fee until the earlier of (a) the date when full repayment of the Loan occurs, (b) the Maturity Date, or (c) the date on which the Loan has been accelerated following an Event of Default. Notwithstanding the sale or transfer of the Loan by Capmark Bank, in whole or in part, to a successor lender, unless Capmark Bank has transferred its interest in the Exit Fee to its successors or assigns as Lender, the Exit Fee shall be payable to Capmark Bank. Notwithstanding the foregoing, if Borrower refinances this Loan with the proceeds of a loan from Capmark Finance Inc., or Capmark Bank, then no Exit Fee shall be due. Borrower acknowledges that neither Capmark Finance Inc., nor Capmark Bank has any obligation to make such loan.
Exit Fee. 13.1. The exit fee for your accommodation unit is calculated on a daily basis as a percentage of the Ingoing Contribution as follows: Length of time from the date of this Contract until the day the Resident ceases to reside in the Accommodation Unit or, if a Relative of a Resident resides in the Accommodation Unit under section 70B(2), the sooner of the day the Relative vacates the Accommodation Unit or the day that is 3 months after the Resident’s right to reside under this Contract is terminated. Relevant percentage and exit fee formula 1 year or less 6% (IC x 6%) x (amount of days in a partial year period / total number of days in termination year) More than 1 year, but not more than 2 years 12% (IC x 6%) + (((IC x (12%-6%)) x (amount of days in a partial year period / total number of days in termination year))) More than 2 years, but not more than 3 years 16% (IC x 12%) + (((IC x (16%-12%)) x (amount of days in a partial year period / total number of days in termination year))) More than 3 years, but not more than 4 years 20% (IC x 16%) + (((IC x (20%-16%)) x (amount of days in a partial year period / total number of days in termination year))) More than 4 years, but not more than 5 years 24% (IC x 20%) + (((IC x (24%-20%)) x (amount of days in a partial year period / total number of days in termination year))) More than 5 years, but not more than 6 years 28% (IC x 24%) + (((IC x (28%-24%)) x (amount of days in a partial year period / total number of days in termination year))) More than 6 years, but not more than 7 years 30% (IC x 28%) + (((IC x (30%-28%)) x (amount of days in a partial year period / total number of days in termination year))) More than 7 years, but not more than 8 years 32% (IC x 30%) + (((IC x (32%-30%)) x (amount of days in a partial year period / total number of days in termination year))) More than 8 years, but not more than 9 years 34% (IC x 32%) + (((IC x (34%-32%)) x (amount of days in a partial year period / total number of days in termination year))) More than 9 years 34% (IC x 34%) For the purposes of the table above, IC means Ingoing Contribution.
