Common use of Delayed Delivery Fee Clause in Contracts

Delayed Delivery Fee. If the closing of the purchase and sale of any Accepted Note is delayed for any reason beyond the original Closing Day for such Accepted Note, the Company will pay to each Purchaser which shall have agreed to purchase such Accepted Note on the Cancellation Date or actual closing date of such purchase and sale, an amount (herein called the “Delayed Delivery Fee”) equal to the product of (i) the amount determined by the Lead Purchaser, after consultation with the other Purchasers, to be the amount by which the bond equivalent yield per annum of such Accepted Note exceeds the investment rate per annum on an alternative Dollar investment of the highest quality selected, by the Lead Purchaser, after consultation with the other Purchasers, and having a maturity date or dates the same as, or closest to, the Rescheduled Closing Day from time to time fixed for the delayed delivery of such Accepted Note, (ii) the principal amount of such Accepted Note, and (iii) a fraction the numerator of which is equal to the number of actual days elapsed from and including the original Closing Day for such Accepted Note to but excluding the date of such payment, and the denominator of which is three hundred and sixty (360). In no case shall the Delayed Delivery Fee be less than zero (0). Nothing contained herein shall obligate any Purchaser to purchase any Accepted Note on any day other than the Closing Day for such Accepted Note, as the same may be rescheduled from time to time in compliance with Section 3.2.

Delayed Delivery Fee. If the closing of the purchase and sale of any Accepted Note is delayed for any reason (other than as a result of a Purchaser Non-Performance) beyond the original Closing Day Date for such Accepted Note, the Company will shall pay to each Purchaser which shall have agreed to purchase such Accepted Note on the Cancellation Date or actual closing date Closing Date of such purchase and sale, an amount (herein called the “Delayed Delivery Fee”) equal to the product of (iA) the amount determined by the Lead Purchaser, after consultation with the other Purchasers, Prudential to be the amount by which the bond equivalent yield per annum of such Accepted Note exceeds the investment rate per annum on an alternative U.S. Dollar investment of the highest quality selected, selected by the Lead Purchaser, after consultation with the other Purchasers, Prudential and having a maturity date or dates the same as, or closest to, the Rescheduled Closing Day Date from time to time fixed for the delayed delivery of such Accepted Note, (iiB) the principal amount of such Accepted Note, and (iiiC) a fraction the numerator of which is equal to the number of actual days elapsed from and including the original Closing Day Date for such Accepted Note to but excluding the date of payment of such paymentDelayed Delivery Fee, and the denominator of which is three hundred and sixty (360). In no case shall the Delayed Delivery Fee be less than zero (0)zero. The Delayed Delivery Fee shall be paid in U.S. Dollars. Nothing contained herein shall obligate any Purchaser to purchase any Accepted Note on any day other than the Closing Day Date for such Accepted Note, as the same may be rescheduled from time to time in compliance with Section 3.23.3.

Delayed Delivery Fee. If the closing of the purchase and sale of any Accepted Note is cancelled or delayed for any reason beyond the original Closing Day (or any agreed upon extension thereof) for such Accepted Note, the Company will pay to each Purchaser which shall have agreed to purchase such Accepted Note on the Cancellation Date in respect of such Accepted Note or actual closing date of such purchase and sale, an amount (herein called the “Delayed Delivery Fee”) equal to the product of (iA) the amount reasonably determined by the Lead Purchaser, after consultation with the other Purchasers, Prudential to be the amount by which the bond equivalent yield per annum of such Accepted Note exceeds the investment rate per annum on an alternative Dollar investment of the highest quality selected, selected by the Lead Purchaser, after consultation with the other Purchasers, Prudential and having a maturity date or dates the same as, or closest to, such Cancellation Date or the Rescheduled Closing Day from time to time fixed for the delayed delivery of such Accepted Note, as the case may be, (iiB) the principal amount of such Accepted Note, and (iiiC) a fraction the numerator of which is equal to the number of actual days elapsed from and including the original Closing Day for such Accepted Note to but excluding the date of such payment, and the denominator of which is three hundred and sixty (360). In no case shall the Delayed Delivery Fee be less than zero (0)zero. Nothing contained herein shall obligate any Purchaser to purchase any Accepted Note on any day other than the Closing Day for such Accepted Note, as the same may be rescheduled from time to time in compliance with Section 3.23.3.