Common use of Exit Fee Clause in Contracts

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.

Appears in 3 contracts

Samples: Emeritus Corp\wa\, Emeritus Corp\wa\, Emeritus Corp\wa\

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Exit Fee. As consideration of XxxxxxLxxxxx’s making of the Loan to XxxxxxxxBorrowers, Xxxxxxxx agrees Borrowers agree to pay a deferred financing fee (“Exit Fee”) to Lender in an amount equal to two one percent (2.001%) of the original unpaid principal amount of the Loan. Although the Exit Fee is earned in full on the date hereof, Xxxxxx Lxxxxx 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 BankFinance Inc., in whole or in part, to a successor lender, unless Capmark Bank Finance Inc. has transferred its interest in the Exit Fee to its successors or assigns as Lender, the Exit Fee shall be payable to Capmark Bank. Finance Inc. Notwithstanding the foregoing, if Borrower refinances Borrowers refinance this Loan with the proceeds of a loan from funded by, or arranged for Borrowers by, Capmark Finance Inc., or Inc. for which Capmark BankFinance Inc. receives a contractually agreed upon sum, then no Exit Fee shall be due. Borrower acknowledges that neither Capmark Finance Inc., nor Capmark Bank Inc. has any no obligation to make such loan.

Appears in 1 contract

Samples: Advocat Inc

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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 one percent (2.001.0%) 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 the Loan with the proceeds of a loan from funded by, or arranged for Borrower by, Capmark Finance Inc., or Capmark Bank, and Capmark Finance Inc., or Capmark Bank receives a contractually agreed upon sum in connection with the financing or arrangement thereof, then no Exit Fee shall be due. Borrower acknowledges that neither Capmark Finance Inc., nor Capmark Bank Bank, has any obligation to make such loan.

Appears in 1 contract

Samples: Emeritus Corp\wa\

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