Early Termination; Termination Fee Sample Clauses

Early Termination; Termination Fee. In addition to the procedure set forth in Section 9.2(b), Borrower may terminate this Agreement at any time but only upon sixty (60) days' prior written notice and prepayment of the Obligations. Upon any such early termination by Borrower or any termination of this Agreement by FINOVA upon the occurrence of an Event of Default, then, and in any such event, Borrower shall pay to FINOVA upon the effective date of such termination a fee (the "Termination Fee") in an amount equal to the amount shown on the Schedule.
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Early Termination; Termination Fee. IN ADDITION TO THE PROCEDURE SET ---------------------------------- FORTH IN SECTION 9.2(B), BORROWER MAY TERMINATE THIS AGREEMENT AT ANY TIME BUT ONLY UPON SIXTY (60) DAYS' PRIOR WRITTEN NOTICE AND PREPAYMENT OF THE OBLIGATIONS. UPON ANY SUCH EARLY TERMINATION BY BORROWER OR ANY TERMINATION OF THIS AGREEMENT BY FINOVA UPON THE OCCURRENCE OF AN EVENT OF DEFAULT, THEN, AND IN ANY SUCH EVENT, BORROWER SHALL PAY TO FINOVA UPON THE EFFECTIVE DATE OF SUCH TERMINATION A FEE (THE "TERMINATION FEE") IN AN AMOUNT EQUAL TO THE AMOUNT SHOWN --------------- ON THE SCHEDULE.
Sample 1
Early Termination; Termination Fee. In addition to the procedure set forth in Section 16.2, Borrowers may terminate this Agreement at any time upon sixty (60) days' prior written notice and prepay the Obligations. Upon any such early termination by Borrowers or any termination of this Agreement by Lender upon the occurrence of an Event of Default, then, and in any such event, Borrowers shall pay to Lender upon the effective date of such termination a fee (the "Termination Fee") in an amount equal to the amount shown on the Schedule. Borrowers' obligations under this Section shall be joint and several.
Sample 1
Early Termination; Termination Fee. In addition to the procedure set forth in Section 9.2(b), Borrower may terminate this Agreement at any time but only upon sixty (60) days' prior written notice and prepayment of the Obligations. Upon any such early termination by Borrower or any termination of this Agreement by FINOVA upon the occurrence of an Event of Default, then, and in any such event, Borrower shall pay to FINOVA upon the effective date of such termination a fee (the "Termination Fee") in an amount equal to the amount shown on the Schedule. Notwithstanding the foregoing, in the event that Borrower shall desire to enter into any merger or acquisition of or with another Person and FINOVA shall not consent to such merger or acquisition, FINOVA hereby agrees that provided FINOVA would have maintained a first priority security interest in all of the assets of the entire merged or acquired entity had FINOVA consented to such merger or acquisition, Borrower may, upon the closing of such merger or acquisition and payment in full of the Obligations, terminate this Agreement without payment of a Termination Fee. Upon such payment in full of all Obligations of Borrower to FINOVA, FINOVA will release its liens in the Collateral.
Sample 1
Early Termination; Termination Fee. In addition to the procedure set forth in Paragraph 17(B), Borrower may terminate this Agreement at any time upon sixty (60) days' prior written notice and prepay the Obligations. Upon any such early termination by Borrower or any termination of this Agreement by Lender upon the occurrence of an Event of Default under Paragraph 18(A) hereof, then, and in any such event, Borrower shall pay to Lender upon the effective date of such termination a fee (the 'Termination Fee') in an amount equal to: (i) three percent (3%) of the average daily outstanding balance of the Obligations for the 180 day period (or lesser period if applicable) preceding the date of termination, if such early termination occurs on or prior to the first anniversary of the Third Amendment Effective Date; (i) two percent (2%) of the average daily outstanding balance of the Obligations for the 180 day period (or lesser period if applicable) preceding the date of termination, if such early termination occurs after the first anniversary of the Third Amendment Effective Date but on or prior to the second anniversary of the Third Amendment Effective Date; or (ii) one percent (1%) of the average daily outstanding balance of the Obligations for the 180-day period preceding the date of termination, if such early termination occurs after the second anniversary of the Third Amendment Effective Date. The Termination Fee shall be presumed to be the amount of damages sustained by Lender as a result of the early termination, and Borrower agrees that because it is difficult to calculate such damages, the Termination Fee provided for herein is reasonable under the circumstances."
Sample 1
Early Termination; Termination Fee. In addition to the procedure set forth -----------------------------------
Sample 1
Early Termination; Termination Fee. In addition to the procedure set ---------------------------------- forth in Section 16.2, Borrower may terminate this Agreement at any time upon not less than twenty (20) days' prior written notice and prepay the Obligations; provided, that if such prepayment of the Obligations does not occur within -------- fifteen (15) days of the date specified in such notice, this Agreement will not terminate as a result of such notice and such notice shall have no force or effect. Upon any such early termination by Borrower prior to the end of the Initial Term or any termination of this Agreement by Lender upon the occurrence of an Event of Default prior to the end of the Initial Term, then, and in any such event, Borrower shall pay to Lender upon the effective date of such termination a fee (the "Termination Fee") in an amount equal to the amount shown on the Schedule; provided, that if Lender terminates this Agreement upon the -------- occurrence of an Event of Default, the Termination Fee payable by Borrower FINOVA LOAN AND SECURITY AGREEMENT ---------------------------------------------------------------------- shall be reduced by the amount of the additional interest paid to Lender at the Default Rate during the term of this Agreement over the interest that would have been paid to Lender had the Default Rate not been in effect.
Sample 1
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Early Termination; Termination Fee. In addition to the procedure set forth in Section 9.2(b), Borrower may terminate this Agreement at any time but only upon sixty (60) days' prior written notice and prepayment of the Obligations. Upon any such early voluntary termination by Borrower or any termination of this Agreement by FINOVA upon the occurrence of an Event of Default, then, and in any such event, Borrower shall pay to FINOVA upon the effective date of such termination a fee (the "TERMINATION FEE") in an amount equal to the amount shown on the Schedule; PROVIDED, HOWEVER, that if Borrower terminates this Agreement within one hundred twenty (120) days after an assignment by FINOVA contemplated by clause (iii) of the third sentence of Section 9.7, after giving proper notice pursuant to Section 9.2(b), no Termination Fee shall be payable.
Sample 1

Related to Early Termination; Termination Fee

  • Early Termination Fee In the event that the Funds terminate this Agreement prior to the five (5) year anniversary of the Effective Date (the “Anniversary Date”), other than due to the Transfer Agent’s bankruptcy under Section 12.6, or for cause under Section 12.7, or under Section 4.2 in the event the Transfer Agent ceases to be a registered transfer agent under the 1934 Act, or under Section 4.9 in the event the Transfer Agent violates clauses (a) or (b) of that Section, the Funds shall pay to the Transfer Agent an early termination fee (the “Early Termination Fee”), the amount of which shall be determined as follows:

  • Company Termination Fee (a) If this Agreement is terminated (i) by Parent pursuant to Section 8.4(a) (Company Change in Recommendation) or (ii) by the Company pursuant to Section 8.3(c) (Termination for Superior Proposal), then the Company shall, within two (2) Business Days after such termination in the case of clause (i) or concurrently with such termination in the case of clause (ii), pay Parent a fee equal to $356,000,000 (the “Company Termination Fee”) less any amount of Parent Expenses previously paid by the Company.

  • Early Termination In the absence of any material breach of this Agreement, should the Trust elect to terminate this Agreement prior to the end of the term, the Trust agrees to pay the following fees:

  • Early Termination Benefit If Early Termination occurs, the Bank shall distribute to the Executive the benefit described in this Section 2.2 in lieu of any other benefit under this Article.

  • Effect of Termination; Termination Fee (a) In the event of the termination and abandonment of this Agreement pursuant to Section 10.1, the Agreement shall terminate and have no effect, except as otherwise provided herein and except that the provisions of this Section 10.2, Section 10.5 and Article 11 of this Agreement shall survive any such termination and abandonment.

  • Early Termination Notice If the Corporate Taxpayer chooses to exercise its right of early termination under Section 4.1 above, the Corporate Taxpayer shall deliver to each TRA Party a notice (“Early Termination Notice”) and a schedule (the “Early Termination Schedule”) specifying the Corporate Taxpayer’s intention to exercise such right and showing in reasonable detail the calculation of the Early Termination Payment(s) due for each TRA Party. Each Early Termination Schedule shall become final and binding on all parties thirty (30) calendar days from the first date on which all TRA Parties are treated as having received such Schedule or amendment thereto under Section 7.1 unless, prior to such thirtieth calendar day, the TRA Party Representative (a) provides the Corporate Taxpayer with notice of a material objection to such Schedule made in good faith (“Material Objection Notice”) or (b) provides a written waiver of such right of a Material Objection Notice, in which case such Schedule will become binding on the date the waiver is received by the Corporate Taxpayer (the “Early Termination Effective Date”). If the Corporate Taxpayer and the TRA Party Representative, for any reason, are unable to successfully resolve the issues raised in such notice within thirty (30) calendar days after receipt by the Corporate Taxpayer of the Material Objection Notice, the Corporate Taxpayer and the TRA Party Representative shall employ the Reconciliation Procedures in which case such Schedule shall become binding ten (10) calendar days after the conclusion of the Reconciliation Procedures.

  • Payment upon Early Termination (a) Within three (3) calendar days after an Early Termination Effective Date, the Corporate Taxpayer shall pay to each TRA Party an amount equal to the Early Termination Payment in respect of such TRA Party. Such payment shall be made by wire transfer of immediately available funds to a bank account or accounts designated by such TRA Party or as otherwise agreed by the Corporate Taxpayer and such TRA Party or, in the absence of such designation or agreement, by check mailed to the last mailing address provided by such TRA Party to the Corporate Taxpayer.

  • Early Termination Right Tenant shall have the right, subject to the provisions of this Section 39, to terminate this Lease (“Termination Right”) with respect to the entire Premises only as of July 31, 2021 (“Early Termination Date”), so long as Tenant delivers to Landlord (i) a written notice (“Termination Notice”), of its election to exercise its Termination Right no less than 12 months in advance of the Early Termination Date, and (ii) concurrent with Tenant’s delivery of the Termination Notice to Landlord, an early termination payment equal to the sum of (1) the unamortized amount of the Tenant Improvement Allowance actually disbursed by Landlord as of the Early Termination Date with amortization calculated on a straight line basis from the Commencement Date through the Base Term, (2) all of the unamortized leasing commissions paid by Landlord in connection with this Lease as of the Early Termination Date, with amortization calculated on a straight line basis from the Commencement Date through the Base Term, (3) the unamortized amount as of the Early Termination Date of the Additional Tenant Improvement Allowance actually disbursed by Landlord to Tenant, if any, with amortization calculated on a straight line basis from the Commencement Date through the Base Term, (4) the unamortized amount of the Base Rent that would have been payable during the Abatement Period had such amounts not been abated, with amortization calculated on a straight line basis from the Commencement Date through the Base Term, and (5) an amount equal to 4 months of Base Rent that would have been payable for the 4 months immediately following the Early Termination Date (collectively, the “Early Termination Payment”). If Tenant timely and properly exercises the Termination Right, Tenant shall vacate the Premises and deliver possession thereof to Landlord in the condition required by the terms of this Lease on or before the Early Termination Date and Tenant shall have no further obligations under this Lease except for those accruing prior to the Early Termination Date and those which, pursuant to the terms of this Lease, survive the expiration or early termination of this Lease. If Tenant does not deliver to Landlord the Termination Notice and the Early Termination Payment within the time period provided in this paragraph, Tenant shall be deemed to have waived its Termination Right and the provisions of this Section 39 shall have no further force or effect.

  • Expenses; Termination Fee (a) Except as set forth in this Section 8.3, all fees and expenses incurred in connection with this Agreement and the Transactions shall be paid by the Party incurring such expenses, whether or not the Offer and Merger are consummated.

  • Parent Termination Fee (a) If this Agreement is terminated by the Company pursuant to Section 8.3(a) (Parent Change in Recommendation) then Parent shall, within two (2) Business Days after such termination pay the Company a fee equal to $356,000,000 (the “Parent Termination Fee”) less any amount of Company Expenses previously paid by Parent. In no event shall Parent be required to pay the Parent Termination Fee or the Company Expenses on more than one occasion.

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