Agreement Regarding Interest and Charges. The parties hereto hereby agree and stipulate that the only charge imposed upon the Borrowers for the use of money in connection with this Agreement is and shall be the interest specifically described in Section 2.2(a). Notwithstanding the foregoing, the parties hereto further agree and stipulate that all agency fees, syndication fees, facility fees, underwriting fees, default charges, late charges, funding or "breakage" charges, increased cost charges, attorneys' fees and reimbursement for costs and expenses paid by the Disbursing Agent or any Lender to third parties or for damages incurred by the Disbursing Agent or any Lender, are charges made to compensate the Disbursing Agent or any such Lender for underwriting or administrative services and costs or losses performed or incurred, and to be performed or incurred, by the Disbursing Agent and the Lenders in connection with this Agreement and shall under no circumstances be deemed to be charges for the use of money.
Appears in 2 contracts
Samples: Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp)
Agreement Regarding Interest and Charges. The parties hereto hereby agree and stipulate that the only charge imposed upon the Borrowers Borrower for the use of money in connection with this Credit Agreement is and shall be the interest specifically described in Section 2.2(a2.1(d). Notwithstanding the foregoing, the parties hereto further agree and stipulate that all agency fees, syndication fees, facility fees, letter of credit fees, underwriting fees, default charges, late charges, funding or "“breakage" ” charges, increased cost charges, attorneys' ’ fees and reimbursement for costs and expenses paid by the Disbursing Agent or any Lender Party to third parties or for damages incurred by the Disbursing Agent or any LenderLender Party, are charges made to compensate the Disbursing Agent or any such Lender Party for underwriting or administrative services and costs or losses performed or incurred, and to be performed or incurred, by the Disbursing Agent and the Lenders Lender Parties in connection with this Credit Agreement and shall under no circumstances be deemed to be charges for the use of money. Except as expressly agreed otherwise in writing, all charges other than charges for the use of money shall be fully earned and nonrefundable when due.
Appears in 2 contracts
Samples: Credit Agreement (U S Restaurant Properties Inc), Credit Agreement (U S Restaurant Properties Inc)
Agreement Regarding Interest and Charges. The parties hereto hereby agree and stipulate that the only charge imposed upon the Borrowers Borrower for the use of money in connection with this Agreement is and shall be the interest specifically described in Section 2.2(a2.2.(a)(i) and (ii). Notwithstanding the foregoing, the parties hereto further agree and stipulate that all agency fees, syndication fees, facility closing fees, underwriting fees, default charges, late charges, funding or "“breakage" ” charges, prepayment fees, increased cost charges, attorneys' ’ fees and reimbursement for costs and expenses paid by the Disbursing Agent or any Lender to third parties or for damages incurred by the Disbursing Agent or any Lender, are charges made to compensate the Disbursing Agent or any such Lender for underwriting or administrative services and costs or losses performed or incurred, and to be performed or incurred, by the Disbursing Agent and the Lenders in connection with this Agreement and shall under no circumstances be deemed to be charges for the use of money. All charges other than charges for the use of money shall be fully earned and nonrefundable when due.
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Agreement Regarding Interest and Charges. The parties hereto hereby agree and stipulate that the only charge imposed upon the Borrowers Borrower for the use of money in connection with this Agreement is and shall be the interest specifically described in Section 2.2(a2.3.(a)(i) and (ii). Notwithstanding the foregoing, the parties hereto further agree and stipulate that all agency fees, syndication fees, facility fees, underwriting fees, default charges, late charges, funding or "breakage" charges, increased cost charges, attorneys' fees and reimbursement for costs and expenses paid by the Disbursing Agent or any Lender to third parties or for damages incurred by the Disbursing Agent or any Lender, are charges made to compensate the Disbursing Agent or any such Lender for underwriting or administrative services and costs or losses performed or incurred, and to be performed or incurred, by the Disbursing Agent and the Lenders in connection with this Agreement and shall under no circumstances be deemed to be charges for the use of money. Except as expressly agreed otherwise in writing, all charges other than charges for the use of money shall be fully earned and nonrefundable when due.
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Agreement Regarding Interest and Charges. The parties hereto hereby agree and stipulate that the only charge imposed upon the Borrowers Borrower for the use of money in connection with this Agreement is and shall be the interest specifically described in Section 2.2(a2.2.(a)(i) and (ii). Notwithstanding the foregoing, the parties hereto further agree and stipulate that all agency fees, syndication fees, facility fees, underwriting fees, default charges, late charges, funding or "breakage" charges, increased cost charges, attorneys' fees and reimbursement for costs and expenses paid by the Disbursing Agent or any Lender to third parties or for damages incurred by the Disbursing Agent or any Lender, are charges made to compensate the Disbursing Agent or any such Lender for underwriting or administrative services and costs or losses performed or incurred, and to be performed or incurred, by the Disbursing Agent and the Lenders in connection with this Agreement and shall under no circumstances be deemed to be charges for the use of money. Except as expressly agreed otherwise in writing, all charges other than charges for the use of money shall be fully earned and nonrefundable when due.
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Agreement Regarding Interest and Charges. The parties hereto hereby agree and stipulate that the only charge imposed upon the Borrowers Borrower for the use of money in connection with this Agreement is and shall be the interest specifically described in Section 2.2(a2.5(a)(i) through (iv). Notwithstanding the foregoing, the parties hereto further agree and stipulate that all agency fees, syndication fees, facility fees, underwriting letter of credit fees, default charges, late charges, funding or "breakage" charges, increased cost charges, attorneys' fees and reimbursement for costs and expenses paid by the Disbursing Administrative Agent or any Lender to third parties or for damages incurred by the Disbursing Administrative Agent or any Lender, are charges made to compensate the Disbursing Administrative Agent or any such Lender for underwriting or administrative services and costs or losses performed or incurred, and to be performed or incurred, by the Disbursing Administrative Agent and the Lenders in connection with this Agreement and shall under no circumstances be deemed to be charges for the use of money. All charges other than charges for the use of money shall be fully earned and nonrefundable when due.
Appears in 1 contract
Samples: Credit Agreement (Equity One Inc)
Agreement Regarding Interest and Charges. The parties hereto hereby agree and stipulate that the only charge imposed upon the Borrowers Borrower for the use of money in connection with this Agreement is and shall be the interest specifically described in Section 2.2(a2.5(a)(i) through (iv). Notwithstanding the foregoing, the parties hereto further agree and stipulate that all agency fees, syndication fees, facility fees, underwriting letter of credit fees, default charges, late charges, funding or "“breakage" ” charges, increased cost charges, attorneys' ’ fees and reimbursement for costs and expenses paid by the Disbursing Administrative Agent or any Lender to third parties or for damages incurred by the Disbursing Administrative Agent or any Lender, are charges made to compensate the Disbursing Administrative Agent or any such Lender for underwriting or administrative services and costs or losses performed or incurred, and to be performed or incurred, by the Disbursing Administrative Agent and the Lenders in connection with this Agreement and shall under no circumstances be deemed to be charges for the use of money. All charges other than charges for the use of money shall be fully earned and nonrefundable when due.
Appears in 1 contract
Samples: Credit Agreement (Equity One Inc)
Agreement Regarding Interest and Charges. The parties hereto hereby agree and stipulate that the only charge imposed upon the Borrowers Borrower for the use of money in connection with this Credit Agreement is and shall be the interest specifically described in Section 2.2(a2.1(d). Notwithstanding the foregoing, the parties hereto further agree and stipulate that all agency fees, syndication fees, facility fees, underwriting fees, default charges, late charges, funding or "“breakage" ” charges, increased cost charges, attorneys' ’ fees and reimbursement for costs and expenses paid by the Disbursing Agent or any Lender Party to third parties or for damages incurred by the Disbursing Agent or any LenderLender Party, are charges made to compensate the Disbursing Agent or any such Lender Party for underwriting or administrative services and costs or losses performed or incurred, and to be performed or incurred, by the Disbursing Agent and the Lenders Lender Parties in connection with this Credit Agreement and shall under no circumstances be deemed to be charges for the use of money. Except as expressly agreed otherwise in writing, all charges other than charges for the use of money shall be fully earned and nonrefundable when due.
Appears in 1 contract
Samples: Term Loan Credit Agreement (U S Restaurant Properties Inc)
Agreement Regarding Interest and Charges. The parties hereto hereby agree and stipulate that the only charge imposed upon the Borrowers Borrower for the use of money in connection with this Agreement is and shall be the interest specifically described in Section 2.2(a2.5(a)(i) through (v). Notwithstanding the foregoing, the parties hereto further agree and stipulate that all agency fees, syndication fees, facility fees, underwriting letter of credit fees, default charges, late charges, funding or "“breakage" ” charges, increased cost charges, attorneys' ’ fees and reimbursement for costs and expenses paid by the Disbursing Administrative Agent or any Lender to third parties or for damages incurred by the Disbursing Administrative Agent or any Lender, are charges made to compensate the Disbursing Administrative Agent or any such Lender for underwriting or administrative services and costs or losses performed or incurred, and to be performed or incurred, by the Disbursing Administrative Agent and the Lenders in connection with this Agreement and shall under no circumstances be deemed to be charges for the use of money. All charges other than charges for the use of money shall be fully earned and nonrefundable when due.
Appears in 1 contract
Samples: Credit Agreement (Equity One, Inc.)
Agreement Regarding Interest and Charges. The parties hereto hereby agree and stipulate that the only charge imposed upon the Borrowers Borrower for the use of money in connection with this Credit Agreement is and shall be the interest specifically described in Section 2.2(a2.1(d), 2.2(d) and 2.4(c). Notwithstanding the foregoing, the parties hereto further agree and stipulate that all agency fees, syndication fees, facility fees, letter of credit fees, underwriting fees, default charges, late charges, funding or "breakage" charges, increased cost charges, attorneys' fees and reimbursement for costs and expenses paid by the Disbursing Administrative Agent or any Lender Party to third parties or for damages incurred by the Disbursing Administrative Agent or any LenderLender Party, are charges made to compensate the Disbursing Administrative Agent or any such Lender Party for underwriting or administrative services and costs or losses performed or incurred, and to be performed or incurred, by the Disbursing Administrative Agent and the Lenders Lender Parties in connection with this Credit Agreement and shall under no circumstances be deemed to be charges for the use of money. Except as expressly agreed otherwise in writing, all charges other than charges for the use of money shall be fully earned and nonrefundable when due.
Appears in 1 contract
Samples: Credit and Reimbursement Agreement (CNL American Properties Fund Inc)