Common use of Early Termination by Borrower Clause in Contracts

Early Termination by Borrower. The provisions of Section 3.3 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty (60) days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to the full amount of the L/Cs or L/C Guarantees), together with a premium (the "Early Termination Premium") of Two Hundred Thousand Dollars ($200,000)."

Appears in 1 contract

Samples: Loan and Security Agreement (Elexsys International Inc)

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Early Termination by Borrower. The provisions of Section 3.3 3.4 ----------- that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty (60) 30 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to the full amount of the L/Cs or L/C Guarantees)Obligations, in full, together with a premium (the "Early Termination Premium") equal to the greater of Two Hundred Thousand Dollars (a) the total interest for the immediately preceding 6 months, and (b) $200,000)150,000."

Appears in 1 contract

Samples: Loan and Security Agreement (Banyan Systems Inc)

Early Termination by Borrower. The provisions of Section 3.3 3.4 ----------- that allow termination of this Agreement by Borrower only on the Renewal Stated Maturity Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty (60) 30 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to the Obligations, in full amount and, if such termination and repayment occurs, directly or indirectly, as a result of the L/Cs or L/C Guarantees)a refinancing transaction, together with a premium (the "Early Termination Premium") equal to 0.5% of Two Hundred Thousand Dollars ($200,000)the then applicable Maximum Revolving Amount."

Appears in 1 contract

Samples: Loan and Security Agreement (Sizzler International Inc)

Early Termination by Borrower. The provisions of Section 3.3 3.5 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty (60) 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to the full amount of the L/Cs or L/C Guarantees)Obligations, in full, together with a premium (the "Early Termination Premium") of Two Hundred Thousand Dollars ($200,000)equal to the Applicable Termination Rate times the Maximum Revolving Amount."

Appears in 1 contract

Samples: Loan and Security Agreement (Garden Botanika Inc)

Early Termination by Borrower. The provisions of Section 3.3 SECTION 3.4 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty (60) 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to 110% of the full undrawn amount of the L/Cs or L/C GuaranteesLetters of Credit), in full, together with a premium (the relevant Early Termination Premium. For the purposes of this Agreement, the term "Early Termination Premium") of Two Hundred Thousand Dollars ($200,000)."" means the respective amount set forth below:

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

Early Termination by Borrower. The provisions of Section 3.3 3.4 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty (60) 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to 105% of the full undrawn amount of the L/Cs or L/C GuaranteesLetters of Credit), in full, together with a premium (the "Early Termination Premium") of Two Hundred Thousand Dollars ($200,000)."equal to:

Appears in 1 contract

Samples: Loan and Security Agreement (Fitzgeralds Gaming Corp)

Early Termination by Borrower. The provisions of Section 3.3 3.4 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty (60) 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to the full amount of the L/Cs or L/C Guarantees)Obligations, in full, together with a premium (the "Early Termination Premium") equal to the greater of Two Hundred Thousand Dollars (a) the total interest on all Obligations for the immediately preceding six months, and (b) $200,000)."

Appears in 1 contract

Samples: Loan and Security Agreement (Wam Net Inc)

Early Termination by Borrower. The provisions of Section 3.3 SECTION 3.4 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty (60) 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to 105% of the full undrawn amount of the L/Cs or L/C GuaranteesLetters of Credit), in full, together with a premium (the "Applicable Early Termination Premium") of Two Hundred Thousand Dollars ($200,000)."

Appears in 1 contract

Samples: Loan and Security Agreement (National Media Corp)

Early Termination by Borrower. The provisions of Section 3.3 3.4 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty (60) 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to 102% of the full undrawn amount of the L/Cs or L/C GuaranteesLetters of Credit), in full, together with a premium (the "Early Termination Premium") of Two Hundred Thousand Dollars ($200,000)."equal to the

Appears in 1 contract

Samples: Loan and Security Agreement (Bpi Packaging Technologies Inc)

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Early Termination by Borrower. The provisions of Section 3.3 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty thirty (6030) days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to the full amount of the L/Cs Obligations, without premium or L/C Guarantees), together with a premium (the "Early Termination Premium") of Two Hundred Thousand Dollars ($200,000)penalty."

Appears in 1 contract

Samples: Loan and Security Agreement (Victoria Creations Inc)

Early Termination by Borrower. The provisions of Section 3.3 3.4 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty (60) 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to the full amount of the L/Cs or L/C Guarantees)Obligations, in full, together with a premium (the "Applicable Early Termination Premium") of Two Hundred Thousand Dollars ($200,000). The Applicable Early Termination Premium provided for in this Section 3.6 shall be deemed included in the Obligations."

Appears in 1 contract

Samples: Loan and Security Agreement (Majestic Star Casino LLC)

Early Termination by Borrower. The provisions of Section 3.3 3.4 that allow termination of this Agreement by Borrower only on the Renewal Maturity Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty (60) 90 days prior written notice to FoothillFoothill (or 30 days prior written notice to Foothill if such termination is because of the Early Termination Premium Exception), to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to 105% of the full undrawn amount of the L/Cs or L/C GuaranteesLetters of Credit), in full, together with a premium (the "Early Termination Premium") of Two Hundred Thousand Dollars ($200,000)."

Appears in 1 contract

Samples: Loan and Security Agreement (Sirena Apparel Group Inc)

Early Termination by Borrower. The provisions of Section 3.3 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty ninety (6090) days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to the full amount of the L/Cs or L/C Guarantees), together with a premium (Guarantees unless the "Early Termination Premium") of Two Hundred Thousand Dollars ($200,000L/C or L/C Guarantee is replaced by another Person without liability to Foothill)."

Appears in 1 contract

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc)

Early Termination by Borrower. The provisions of Section 3.3 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon sixty ninety (6090) days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations (including an amount equal to the full amount of the L/Cs or L/C GuaranteesGuaranties), together with a premium (the "Early Termination Premium") of Two Hundred Thousand Dollars ($200,000)."equal to:

Appears in 1 contract

Samples: Loan and Security Agreement (Bollinger Industries Inc)

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