Common use of Early Termination Fees Clause in Contracts

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 dates set forth below, Borrower 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 for the corresponding period as follows: The Percentage Used to Calculate If prepayment or payment occurs: the Early Termination Fee shall be: Prior to the date that is 12 months after the Closing Date 8.00 % On or after the date that is 12 months after the Closing Date, but prior to the date that is 24 months after the Closing Date: 6.50 % On or after the date that is 24 months after the Closing Date, but prior to the date that is 36 months after the Closing Date: 4.25 % On or after the date that is 36 months after the Closing Date, but prior to the date that is 48 months after the Closing Date: 2.25 % On or after the date that is 48 months after the Closing Date, but prior to the date which is 66 months after the Closing Date: 1.50 % On or after the date which is 66 months after the Closing Date: 0.00 % 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. 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 dates set forth belowdate which is fifty-four (54) months after the Closing Date, Borrower 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 for the corresponding period as follows: The Percentage Used to Calculate If prepayment or payment Calculate the Early occurs: the Early Termination Fee shall be: Prior to the date that which is 12 months after the Closing Date 8.00 % On or after the date that is which 12 months after the Closing Date, but prior to the date that which is 24 months after the Closing Date: 6.50 Date 6.00 % On or after the date that which is 24 months after the Closing Date, but prior to the date that which is 36 months after the Closing Date: 4.25 Date 3.00 % On or after the date that which is 36 months after the Closing Date, but prior to the date that which is 48 54 months after the Closing Date: 2.25 % On or after the date that is 48 months after the Closing Date, but prior to the date which is 66 months after the Closing Date: Date 1.50 % On or after the date which is 66 months after the Closing Date: 0.00 % 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. 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 dates set forth belowdate which is thirty-four (34) months after the Closing Date, Borrower Borrowers shall pay to Collateral Billing 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 the lesser of (i) four and one-half percent (4.50%) of the principal amount so paid or prepaid to such Lenders for Lenders; and (ii) the corresponding period as follows: The Percentage Used to Calculate If Make Whole Amount. Any prepayment or payment occurs: the Early Termination Fee shall be: Prior to the repayment made on or after that date that which is 12 thirty-four (34) months after the Closing Date 8.00 % On or after the date that is 12 months after the Closing Date, but prior to the date that is 24 months after the Closing Date: 6.50 % On or after the date that is 24 months after the Closing Date, but prior to the date that is 36 months after the Closing Date: 4.25 % On or after the date that is 36 months after the Closing Date, but prior to the date that is 48 months after the Closing Date: 2.25 % On or after the date that is 48 months after the Closing Date, but prior to the date which is 66 months after the Closing Date: 1.50 % On or after the date which is 66 months after the Closing Date: 0.00 % shall be payable at par. 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)2.05(b)(i) or (ii) so long as the Commitments are not being terminated in their entirety; 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 voluntary prepayments of the Revolving Credit Loans and 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.”