Early Termination Fees. The amount if an Early Termination Fee that we are entitled to charge is:
(a) the amount specified in or calculated in accordance with the relevant Plan; or
(b) otherwise, a reasonable estimate of our lost profit as a result of an early termination.
Early Termination Fees. In the absence of any material breach of this Agreement, should the Trust elect to terminate this Agreement prior to the end of the term, the Trust agrees to pay the following fees:
a. all monthly fees through the life of the contract, including the rebate of any negotiated discounts;
b. all fees associated with converting services to successor service provider;
c. all fees associated with any record retention and/or tax reporting obligations that may not be eliminated due to the conversion to a successor service provider;
d. all out-of-pocket costs associated with a-c above.
Early Termination Fees. TMS may charge School a fee for terminating this Agreement without cause prior to the end of the Term (an “Early Termination Fee”). The Early Termination Fee shall equal the number of full years plus full twelfths remaining in the Initial Term, or Renewal Term, as applicable, (b) multiplied by the aggregate dollar amount of fees incurred by School under Section V.A of this Agreement during the three (c) months of the Initial Term or Renewal Term, as applicable, that School incurred the greatest dollar amount of such fees.
Early Termination Fees. The amount of an Early Termination Fee that we are entitled to charge is:
Early Termination Fees. In the event of any prepayment or repayment of a Loan made with proceeds of any Disposition, sale of Equity Securities or refinancing with any lender other than the Lender receiving such prepayment or repayment, prior to the date which is fifty-four (54) months after the Closing Date, Borrowers shall pay to Collateral Agent for the ratable benefit of Lender or Lenders entitled to such Early Termination Fee a fee (the “Early Termination Fee”) calculated as a percentage of the principal amount so paid or prepaid to such Lenders as follows: Prior to the date which is 12 months after the Closing Date 8.00 % On or after the date which 12 months after the Closing Date, but prior to the date which is 24 months after the Closing Date 6.00 % On or after the date which is 24 months after the Closing Date, but prior to the date which is 36 months after the Closing Date 3.00 % On or after the date which is 36 months after the Closing Date, but prior to the date which is 54 months after the Closing Date 1.50 % Notwithstanding the foregoing provisions of this Section 2.05(d), no Early Termination Fee shall be payable (a) in connection with any prepayment or repayment from proceeds of a refinancing to any Lender participating in such refinancing, or (b) in respect to any mandatory prepayment of Loans made pursuant to Section 2.05(b); provided, however, that if the Lenders waive any mandatory prepayment under Section 2.05(b) in connection with any mandatory prepayment event described in Section 2.05(b), any voluntary prepayment of such sums by Borrowers (exclusive, however, of temporary prepayments of the Revolving Credit Loans pending Borrowers’ election to reinvest proceeds as permitted by this Agreement) shall be subject to the payment of the Early Termination Fee.
Early Termination Fees. Depending on your applicable Promotion Agreement(s), you may incur prices, fees and/or charges in the event that your Services are cancelled or disconnected before the expiration of a term commitment or downgrading your programming below any applicable minimum programming requirement during a term commitment (each, an “Early Termination Fee”). Please reference your applicable Promotion Agreement(s) for details regarding any Early Termination Fee that may apply. 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.
Early Termination Fees. If a Customer cancels, terminates or downgrades any Service before the completion of the term shown on the Work Order ("Initial Term"), or prior to the term of any promotional offer, Customer agrees to pay Heritage Cable all sums, which shall become due and owing as of the effective date of the cancellation or termination, including: (i) all non-recurring charges reasonably expended by Heritage Cable to establish service to Customer, (ii) any disconnection, early cancellation or termination charges reasonably incurred or (iii) all recurring charges for the remaining balance of the Initial Term and/or value of the promotional offer.
Early Termination Fees. In the event Owner is required pursuant to the Agreement to pay an Early Termination Fee, such Fee shall be assessed and paid to Servicer as follows:
A. $[**] per Account during the first year of the Agreement;
B. $[**] less the product of ([**] percent ([**]%)X the number of years or portions thereof that this Agreement has been in effect X $[**]) per Account anytime after the first year of the Agreement. By: /s/ Xxxxxxx X. Xxxxxxxx By: /s/ Xxxxx Xxxxx Name: Xxxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxx Title: President & CEO Title: COO Date: Date: 10-16-01 Pennsylvania Higher Education Assistance Authority 0000 Xxxxx Xxxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxxxxxx 00000-0000 Attention: Senior Vice President, Marketing and Client Relations Dear ________: Reference is hereby made to the Alternative Servicing Agreement, dated [Date], as amended, (the “Servicing Agreement”) by and between Pennsylvania Higher Education Assistance Authority (the “Servicer”) and The First Marblehead Corporation (“FMC”), a copy of which is attached hereto as Exhibit A. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Servicing Agreement. The parties hereto agree as follows:
1. FMC hereby assigns its interest in the Servicing Agreement with respect to the Student Loans identified on the attached Schedule 1 (the “Student Loans”) to [Name of Securitization SPE] (“SPE”), and Servicer hereby consents thereto.
2. Servicer hereby consents to the assignment and to the grant by [SPE] of a security interest in the Servicing Agreement to [Name of Securitization Trustee](the “Trustee”), as provided in the Indenture, dated as of [Date] between [SPE] and the Trustee (the “Indenture”), for the benefit of the holders of obligations of the SPE and MBIA Insurance Corporation (the “Bond Insurer”).
3. Servicer hereby confirms that it will not terminate the Servicing Agreement until the appointment of a successor servicer by [SPE], with the consent of the Bond Insurer for so long as Bonds are outstanding, unless such termination is due to a default by SPE under Section 6.2 or 12.3 thereof, or unless the Servicing Agreement otherwise expires in accordance with Section 12.1
Early Termination Fees. (a) Servicer shall not waive any part of any Early Termination Fee unless the waiver relates to a default or a reasonably foreseeable default, the collection of any Early Termination Fee would violate any relevant law or regulation or the waiving of the Early Termination Fee would otherwise benefit the Trust Fund and it is expected that the waiver would maximize recovery of total proceeds taking into account the value of the Early Termination Fee and related Mortgage Loan and doing so is standard and customary in servicing similar Mortgage Loans (including any waiver of a Early Termination Fee in connection with a refinancing of a Mortgage Loan that is related to a default or a reasonably foreseeable default). The Servicer shall not waive a Early Termination Fee in connection with a refinancing of a Mortgage Loan that is not related to a default or a reasonably foreseeable default.
Early Termination Fees. TMS may charge School a fee for terminating this Agreement without cause prior to the end of the Term (an “Early Termination Fee”). The Early Termination Fee shall equal (a) the number of full years plus full twelfths remaining in the Initial Term, or Renewal Term, as applicable, multiplied by (b) the aggregate dollar amount of revenue generated for TMS in connection with the Services during the three (3) months of the Initial Term or the applicable Renewal Term, as the case may be, in which highest amounts of revenue were generated for TMS in connection with the Services provided during the Initial Term or the applicable Renewal Term, as the case may be.
