Refinancing Fee shall have the meaning ascribed to such term in Section 2.13.
Refinancing Fee. A refinancing fee in an amount equal to 0.50% of the sum of the total outstanding Term Loans and the Revolving Credit Commitment, in each case, as of October 1, 2003, which refinancing fee shall be earned by and due and payable to JPMorgan on October 1, 2003 if all of the Loans under the Credit Agreement have not been repaid and all of the Commitments thereunder terminated as of such date. Furthermore, it is hereby agreed that if by July 31, 2003, the Borrower retains in writing JPMorgan (or its affiliates), alone or with others, to structure and arrange a new senior credit facility (the “2003 Senior Credit Facility”), then the amount of any refinancing fee that is subsequently paid to JPMorgan pursuant to the caption “Refinancing Fee” in this letter shall be credited towards any fees otherwise receivable by JPMorgan (or any of its affiliates) in connection with the 2003 Senior Credit Facility. It is understood and agreed that this letter shall not constitute or give rise to any obligation on the part of JPMorgan to participate in the arrangement of, or provide or commit to provide any financing under, the 2003 Senior Credit Facility. Reference is made to the Fee Letter, dated as of March 29, 2002, among the Borrower, Credit Lyonnais and JPMorgan (the “March 2002 Fee Letter”). JPMorgan hereby waives any right to receive the advisory fee required to be paid pursuant to the caption “Advisory Fee” in the March 2002 Fee Letter. This Fee Letter may not be amended or waived except by an instrument in writing signed by JPMorgan and you. This Fee Letter shall be governed by, and construed in accordance with, the laws of the State of New York. This Fee Letter may be executed in any number of counterparts, each of which shall be an original, and all of which, when taken together, shall constitute one agreement. Delivery of an executed signature page of this Fee Letter by facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. This Fee Letter is delivered to you on the understanding that neither this Fee Letter nor any of its terms or substance shall be disclosed, directly or indirectly, to any other person except (a) to your officers, agents and advisors who are directly involved in the consideration of this matter or (b) as may be compelled in a judicial or administrative proceeding or as otherwise required by law (in which case you agree to inform us promptly thereof). * * * If you are in agreement with the foregoing, pleas...
Refinancing Fee means an amount equal to the amount of the reduction in the Revolving Credit Amount caused with such proceeds, multiplied by .0125.
Examples of Refinancing Fee in a sentence
Any Loan Refinancing Fee shall be due and payable upon the funding of the related loan or as soon thereafter as is reasonably practicable.
The Company shall pay to the Advisor for all qualifying loan refinancings of Properties a Loan Refinancing Fee in the amount up to one percent of the principal amount of the refinanced loan.
Any Loan Refinancing Fee shall be due and payable upon the funding of the related mortgage loan or as soon thereafter as is reasonably practicable.
A refinancing will qualify for a Loan Refinancing Fee only if: the new loan is approved by a majority of the independent directors and found to be in the best interest of the Company, the terms of the new loan represent an improvement over the terms of the refinanced loan, the new loan materially increases the total debt secured by a particular Property or the maturity date of the refinanced loan (which must have a term of five years or more) is less than one year from the date of the refinancing.
The Company shall pay to the Advisor for all qualifying loan refinancings of Properties a Loan Refinancing Fee in the amount up to one percent of the principal amount of any loan secured by a Property.
More Definitions of Refinancing Fee
Refinancing Fee shall have the meaning specified in Section 2.4.
Refinancing Fee means the fee of US$1,788,000 payable by the Company to CAIH in consideration of CAIH procuring the grant of the Refinancing Loan;
Refinancing Fee means a fee payable to each Lender equal to 2.0% of the aggregate outstanding principal amount of the Initial Loans of such Lender repaid, repurchased, redeemed or otherwise acquired or retired for value, in whole or in part, other than with the proceeds of (i) an issuance of Permanent Securities, (ii) the contemplated initial public offering of equity securities of the Borrower following the consummation of the Acquisition, (iii) an asset sale or (iv) the Senior Credit Facility. The Refinancing Fee shall be payable on the date of each such repayment, repurchase, redemption, acquisition or retirement for value.
Refinancing Fee means the fee set forth in Section 2.06(c).
Refinancing Fee shall have the meaning set forth in Section 2.06(f) hereof.
Refinancing Fee means any fee or commission borne by the Partnership and paid to any other Person, other than the General Partner or its Affiliates, for placing or arranging any Refinancing, but does not include Financing Expenses or commitment or stand-by fees paid to lenders.
Refinancing Fee means 0.50% of the outstanding Principal Indebtedness prepaid or repaid on any Payment Date (including the Maturity Date) where the Borrower obtains the funds for such prepayment or repayment through a refinancing of the Loan from a source of funds other than the Lenders; provided, however, that notwithstanding the foregoing, in the event the Agent provides the funds for such refinancing, then the Refinancing Fee shall be payable in the amount as hereinbefore described, but shall be credited against any origination fee payable to the Agent in connection with the refinancing transaction; provided, further, that no Refinancing Fee shall be payable in connection with (i) a Capital Event, (ii) the application of Loss Proceeds to repay the Loan, (iii) if the initial Lender shall no longer be in the business of originating long-term, fixed rate commercial mortgage loans or (iv) a voluntary prepayment of the Loan in part pursuant to Section 2.6(a) in the event the Agent has notified the Borrower that the Loan to Value Test or the Debt Service Coverage Test has not been satisfied, but only to the extent necessary to satisfy both such tests.