Early Termination Fee. After this contract goes into effect, if you terminate this contract for any reason, or switch your service to a different electricity generation supplier or default service supplier prior to the end of the contract term, you will be responsible for paying XOOM Energy an early termination fee in the amount of $500. This Early Termination Fee is intended not as a penalty, but simply to offset the cost of selling the unused portion of your electric power to others and estimated lost revenue that XOOM may incur from such a sale, if any, and related expenses.
Early Termination Fee. In the event that the Funds terminate this Agreement prior to the five (5) year anniversary of the Effective Date (the “Anniversary Date”), other than due to the Transfer Agent’s bankruptcy under Section 12.6, or for cause under Section 12.7, or under Section 4.2 in the event the Transfer Agent ceases to be a registered transfer agent under the 1934 Act, or under Section 4.9 in the event the Transfer Agent violates clauses (a) or (b) of that Section, the Funds shall pay to the Transfer Agent an early termination fee (the “Early Termination Fee”), the amount of which shall be determined as follows:
(i) if the Agreement is terminated in months one (1) through twenty-four (24) after the Effective Date, the Early Termination Fee shall be equal to thirty-six (36) months of compensation (based upon the average monthly compensation previously earned by the Transfer Agent under this Agreement during the twelve (12) months immediately preceding the Funds’ notice of termination, but not including reimbursable expenses);
(ii) if the Agreement is terminated in months twenty-five (25) through thirty-six (36) after the Effective Date, the Early Termination Fee shall be equal to twenty-four (24) months of compensation (based upon the average monthly compensation previously earned by the Transfer Agent under this Agreement during the twelve (12) months immediately preceding the Funds’ notice of termination, but not including reimbursable expenses);and
(iii) if the Agreement is terminated in months thirty-seven (37) through sixty (60) after the Effective Date, the Early Termination Fee shall be equal to twelve (12) months of compensation (based upon the average monthly compensation previously earned by the Transfer Agent under this Agreement during the twelve (12) months immediately preceding the Funds’ notice of termination, but not including reimbursable expenses). For the avoidance of doubt, the Early Termination Fee with respect to a Fund or Portfolio shall be calculated using the period from the Effective Date of the Agreement to the date of termination with respect to that Fund or Portfolio notwithstanding the fact that such Fund or Portfolio was not a party to the Agreement on the date of execution of the Agreement. The Early Termination Fee and any amounts under Section 12.4(a) and (b) above will be due and payable on the business day immediately prior to the completion of the Deconversion or the termination of services under this Agreement. For the avoidance of do...
Early Termination Fee. If the Borrower makes the Permitted No-Call Prepayment or, after the first anniversary of the Effective Date, in the event that the Borrower prepays or repays all or part of the Loans pursuant to Section 2.04 or as a result of an acceleration of the Loan pursuant to Section 8.02, unless such prepayment or repayment is required (and not otherwise waived by the Required Lenders) pursuant to Section 2.04(b) or (c), then the Borrower shall pay to the Agent, for the ratable benefit of the Lenders, a fee (the “Early Termination Fee”) equal to (i) if such prepayment or repayment is the Permitted No-Call Prepayment, three percent (3%) of the outstanding principal amount of the Loans prepaid or repaid at such time or (ii) if such prepayment or repayment is not the Permitted No-Call Prepayment, (A) if such prepayment or repayment occurs after the first anniversary of the Effective Date and prior to the second anniversary of the Effective Date, three percent (3%) of the outstanding principal amount of the Loans prepaid or repaid at such time and (B) if such prepayment or repayment occurs on or after the second anniversary of the Effective Date and prior to the third anniversary of the Effective Date, one (1%) percent of the outstanding principal amount of the Loan prepaid or repaid at such time; provided, that if such prepayment occurs on or after the third anniversary of the Effective Date no Early Termination Fee shall be due and payable. All parties to this Agreement agree and acknowledge that the Lenders will have suffered damages on account of the prepayment of the Loans during such timeframe set forth in this Section 2.08(b) and that, in view of the difficulty in ascertaining the amount of such damages, the Early Termination Fee constitutes reasonable compensation and liquidated damages to compensate the Lenders on account thereof.
Early Termination Fee. You understand and agree that in order for XOOM to offer and fulfill its fixed rate obligation to you, it has to purchase gas in advance of usage in amounts needed to cover the full term of this Contract. You have the right to terminate this Contract at any time. During the first 30 days you can terminate without any cost to you. If you cancel this Contract after 30 days, you will be responsible for paying an early termination fee (“Early Termination Fee”) of $50 which is intended not as a penalty, but simply to offset the cost of selling the unused portion of your gas to others and related expenses.
Early Termination Fee. If any early termination fee, prepayment premium, yield maintenance or similar fee is provided for under the Term Loan Credit Documents at the time of the purchase and sale under this Section 5.2 but is not yet due and payable under the Term Loan Credit Documents and otherwise due as part of the purchase price under Section 5.2(c), the Revolving Creditors agree not to modify or reduce such fee and, if such fee becomes due and payable within 90 days after such purchase and sale, Revolving Creditors shall remit such fee to the Term Loan Agent as and when such fee is paid by Company or such other Obligors.
Early Termination Fee. If prior to the end of your term commitment: (A) your DISH service is disconnected for ANY REASON (for example, and without limitation, if you cancel your DISH service because you move to a location where you cannot receive your DISH service); or (B) you downgrade your programming below a Required Minimum Programming Package (as defined below), and in either case, all programming and other prices, fees and charges for your term commitment have not yet been paid in full, you agree to pay, and DISH will automatically charge, an early termination fee to your DISH account or your Qualifying Card (as defined below), at DISH’s option. You are still bound by this Agreement (including, without limitation, the RCA) if you change your residence. Notwithstanding your term commitment, DISH will not charge you an early termination fee if you disconnect your DISH service within 24 hours after you accept the terms and conditions of this Agreement. Prorated by multiplying $20 by the number of months remaining in your term commitment. Maximum early termination fee is $480. Unreturned Equipment Charges: The following “Leased Equipment” provided to you under this Agreement (including, without limitation, the RCA) is leased and remains the property of DISH at all times: receiver(s); wireless access point(s); smart card(s); remote control(s); and LNBF(s). You agree that you will return all Leased Equipment in accordance with the “Equipment Return” section below within 30 days following disconnection of your DISH service or Leased Equipment, and if you do not, DISH will charge the following “Unreturned Equipment Charges,” as applicable, to your DISH account or your Qualifying Card, if any, at DISH’s option: LNBF, $49; Super Joey, 4K Xxxx, Xxxxx, Xxxx, Wireless Xxxx, Xxxxxx, and Xxxxxx Plus, up to $100; Xxxxxx Duo, $150; Xxxxxx with Sling, $300; and Xxxxxx 3, $350. If your account is involuntarily deactivated for failure to pay your bill or otherwise, DISH will charge the applicable Unreturned Equipment Charge(s) to your DISH account or your Qualifying Card, if any, at DISH’s option. If you return the Leased Equipment in accordance with this Agreement (including, without limitation, the RCA), the Unreturned Equipment Charge(s) that you have paid to DISH, if any, will be refunded upon DISH’s receipt of the applicable Leased Equipment.
Early Termination Fee. If the Term is terminated by BACC upon the occurrence of an Event of Default, or is terminated by Borrower except as provided in Section 3.1, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of BACC's lost profits as a result thereof, Borrower shall pay BACC upon the effective date of such termination a fee in an amount equal to four percent (4.0%) of the Advance Limit if such termination occurs on or prior the expiration of the Termination Date. Such fee shall be presumed to be the amount of damages sustained by BACC as the result of an early termination and Borrower acknowledges that it is reasonable under the circumstances currently existing. The fee provided for in this Section 3.2 shall be deemed included in the Obligations. Notwithstanding the foregoing, there shall be no termination fee if Borrower terminates the facility from funds obtained through a public offering as to Borrower or its parent corporation Eiger Technology, Inc. (formerly known as Alexa Ventures, Inc.). Notwithstanding the foregoing if after the date hereof Borrower obtains a bonafide commitment or offer of a commitment from a commercial bank (which shall not include a commercial finance company owned by a commercial bank) for replacement financing of the revolving credit facility provided for herein, Borrower shall apply to BACC for financing on the same terms and conditions of said commitment or offer and shall furnish to BACC a copy thereof (the "Offer"). BACC shall have twenty (20) days within which to accept or decline said application. If BACC declines said application, Borrower may consummate the financing with the third party who made the Offer on the same terms as set forth in said Offer and terminate the Term without payment of a termination fee.
Early Termination Fee. In the event of the termination by, or on behalf of, any or all of the Borrowers, of the Revolving Credit Commitment, the Borrowers jointly and severally shall pay a fee (the "Early Termination Fee") equal to the following amount at the following times: Period Early Termination Fee October 1, 1996, through and 2% of the Committed Amount including September 30, 1997 October 1, 1997, through and 1% of the Committed Amount including, the day preceding the Revolving Credit Expiration Date Payment of the Revolving Loan in whole or in part by or on behalf of the Borrowers, by court order or otherwise, following and as a result of the institution of any bankruptcy proceeding by or against the Borrowers, shall be deemed to be a prepayment of the Revolving Loan subject to the Early Termination Fee provided in this subsection. Notwithstanding the foregoing, the Borrowers shall not be required to pay the Early Termination Fee in connection with a repayment of all Obligations and termination of the Revolving Loan from the proceeds of a public or private offering of equities which generates sufficient proceeds to repay all Obligations in full. In addition, if the Borrowers request that the Lender consent to the purchase of Fixed or Capital Assets or the purchase or acquisition of, or investment in, any Person which would not otherwise be permitted by the provisions of this Agreement, and the Lender refuses to agree and consent to any such purchase, acquisition or investment, the Borrowers may, at their option, repay the Obligations in full and terminate the Revolving Loan and shall have no obligation to pay an Early Termination Fee in connection with any such prepayment and termination. Nothing contained in this Section shall be deemed a waiver by the Lender of any Default or Event of Default which results from any such public or private offering of equities and/or the closing of a purchase, acquisition or investment otherwise prohibited by the provisions of this Agreement.
Early Termination Fee. Except as otherwise set forth in this Agreement, if Service provided pursuant to a Term Plan is removed or terminated by you (or by us if you breach this Agreement) before you have completed the then-current initial or renewal Term, then you agree to pay Verizon the early termination fee set forth in the pricing plan you have chosen. It is agreed that Xxxxxxx's damages, if you cancel your Service, are difficult or impossible to ascertain; therefore, the provisions of this Section are intended to establish liquidated damages in the event of cancellation and are not intended as a penalty. In addition, if you cancel Service after any applicable MBG period, you agree to pay us all Service fees accrued as of the cancellation date.
Early Termination Fee. $50.00 This Agreement is for electric supply service between Clearview Electric, Inc. dba Clearview Energy (“Clearview Energy”) and Customer. Customer and plan information can be found in the Product Information Chart. The Product Information Chart is hereby made an integral part of this Agreement. Clearview Energy is licensed as an electric supplier by the Public Service Commission of the District of Columbia (“PSC”) [Order # 15972]. Clearview Energy establishes your electric supply rate. The PSC regulates the distribution rates of your electric utility company (“Utility”). The Federal Energy Regulatory Commission regulates transmission prices and services. PLEASE READ THIS DOCUMENT CAREFULLY. This Agreement is the entire contract between the parties and supersedes any prior written or oral representations.
