Common use of Early Termination by Borrower Clause in Contracts

Early Termination by Borrower. The provisions of Section 3.4 ----------- that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 30 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations, in full, together with a premium (the "Early Termination Premium") equal to the greater of (a) the total interest for the immediately preceding 6 months, and (b) $150,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Banyan Systems Inc)

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Early Termination by Borrower. The provisions of Section 3.4 ----------- 3.3 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 30 thirty (30) days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations, in full, together with a without premium (the "Early Termination Premium") equal to the greater of (a) the total interest for the immediately preceding 6 months, and (b) $150,000or penalty.

Appears in 1 contract

Samples: Loan and Security Agreement (Victoria Creations Inc)

Early Termination by Borrower. The provisions of Section 3.4 ----------- that allow termination of this Agreement by Borrower only on the Renewal Maturity Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 90 days prior written notice to Foothill (or 30 days prior written notice to FoothillFoothill if such termination is because of the Early Termination Premium Exception), to terminate this Agreement by paying to Foothill, in cash, the ObligationsObligations (including an amount equal to 105% of the undrawn amount of the Letters of Credit), in full, together with a premium (the "Early Termination Premium") equal to the greater of (a) the total interest for the immediately preceding 6 months, and (b) $150,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Sirena Apparel Group Inc)

Early Termination by Borrower. The provisions of Section 3.4 ----------- that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 30 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the ObligationsObligations (including an amount equal to 102% of the undrawn amount of the Letters of Credit), in full, together with a premium (the "Early Termination Premium") equal to the greater of (a) the total interest for the immediately preceding 6 months, and (b) $150,000.the

Appears in 1 contract

Samples: Loan and Security Agreement (Bpi Packaging Technologies Inc)

Early Termination by Borrower. The provisions of Section 3.4 ----------- that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 30 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations, in full, together with a premium (the "Early Termination Premium") equal to the greater of (a) the total interest on all Obligations for the immediately preceding 6 six months, and (b) $150,000200,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Wam Net Inc)

Early Termination by Borrower. The provisions of Section 3.4 ----------- that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 30 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the ObligationsObligations (including an amount equal to 105% of the undrawn amount of the Letters of Credit), in full, together with a premium (the "Early Termination Premium") equal to the greater of (a) the total interest for the immediately preceding 6 months, and (b) $150,000.to:

Appears in 1 contract

Samples: Loan and Security Agreement (Fitzgeralds Gaming Corp)

Early Termination by Borrower. The provisions of Section 3.4 ----------- that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 30 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations, in full, together with a premium (the "Applicable Early Termination Premium") equal to . The Applicable Early Termination Premium provided for in this Section 3.6 shall be deemed included in the greater of (a) the total interest for the immediately preceding 6 months, and (b) $150,000Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Majestic Star Casino LLC)

Early Termination by Borrower. The provisions of Section 3.4 ----------- 3.3 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 30 sixty (60) days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations, in fullObligations (including an amount equal to the full amount of the L/Cs or L/C Guarantees), together with a premium (the "Early Termination Premium") equal to the greater of Two Hundred Thousand Dollars (a) the total interest for the immediately preceding 6 months, and (b) $150,000200,000)."

Appears in 1 contract

Samples: Loan and Security Agreement (Elexsys International Inc)

Early Termination by Borrower. The provisions of Section 3.4 ----------- that allow termination of this Agreement by Borrower only on the Renewal Stated Maturity Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 30 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations, in fullfull and, if such termination and repayment occurs, directly or indirectly, as a result of a refinancing transaction, together with a premium (the "Early Termination Premium") equal to 0.5% of the greater of (a) the total interest for the immediately preceding 6 months, and (b) $150,000then applicable Maximum Revolving Amount.

Appears in 1 contract

Samples: Loan and Security Agreement (Sizzler International Inc)

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Early Termination by Borrower. The provisions of Section 3.4 ----------- 3.3 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 30 ninety (90) days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations, in fullObligations (including an amount equal to the full amount of the L/Cs or L/C Guaranties), together with a premium (the "Early Termination Premium") equal to the greater of (a) the total interest for the immediately preceding 6 months, and (b) $150,000.to:

Appears in 1 contract

Samples: Loan and Security Agreement (Bollinger Industries Inc)

Early Termination by Borrower. The provisions of Section SECTION 3.4 ----------- that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 30 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the ObligationsObligations (including an amount equal to 105% of the undrawn amount of the Letters of Credit), in full, together with a premium (the "Applicable Early Termination Premium") equal to the greater of (a) the total interest for the immediately preceding 6 months, and (b) $150,000.

Appears in 1 contract

Samples: Loan and Security Agreement (National Media Corp)

Early Termination by Borrower. The provisions of Section 3.4 ----------- 3.5 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 30 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations, in full, together with a premium (the "Early Termination Premium") equal to the greater of (a) Applicable Termination Rate times the total interest for the immediately preceding 6 months, and (b) $150,000Maximum Revolving Amount.

Appears in 1 contract

Samples: Loan and Security Agreement (Garden Botanika Inc)

Early Termination by Borrower. The provisions of Section SECTION 3.4 ----------- that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 30 90 days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the ObligationsObligations (including an amount equal to 110% of the undrawn amount of the Letters of Credit), in full, together with a premium (the relevant Early Termination Premium. For the purposes of this Agreement, the term "Early Termination Premium") equal to " means the greater of (a) the total interest for the immediately preceding 6 months, and (b) $150,000.respective amount set forth below:

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

Early Termination by Borrower. The provisions of Section 3.4 ----------- 3.3 that allow termination of this Agreement by Borrower only on the Renewal Date and certain anniversaries thereof notwithstanding, Borrower has the option, at any time upon 30 ninety (90) days prior written notice to Foothill, to terminate this Agreement by paying to Foothill, in cash, the Obligations, in full, together with a premium Obligations (the "Early Termination Premium") including an amount equal to the greater full amount of (a) the total interest for L/Cs or L/C Guarantees unless the immediately preceding 6 months, and (b) $150,000L/C or L/C Guarantee is replaced by another Person without liability to Foothill).

Appears in 1 contract

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc)

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