End of Term Charge. On the earliest to occur of (i) the Loan Maturity Date, (ii) the date that Borrower prepays the outstanding Secured Obligations, or (iii) the date that the Secured Obligations become due and payable, Borrower shall pay Lender a charge of $50,000. Notwithstanding the required payment date of such charge, it shall be deemed earned by Lender as of the Closing Date.
End of Term Charge. (a) On any date that Borrower partially prepays the outstanding Secured Obligations pursuant to Section 2.5, Borrower shall pay to the Lenders a charge of 6.55% of such Term Loan Advances being repaid.
(b) On the earliest to occur of (i) the Term Loan Maturity Date, (ii) the date that Borrower prepays the outstanding Secured Obligations (other than any inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) in full, or (iii) the date that the Secured Obligations become due and payable, Borrower shall pay the Lenders a charge of (x) 6.55% of the aggregate amount of all Term Loan Advances funded minus (y) the aggregate amount of payments made pursuant to Section 2.5 (collectively with any charge made pursuant to Section 2.5, the “End of Term Charge”).
(c) Notwithstanding the required payment date of such End of Term Charge, the applicable pro rata portion of the End of Term Charge shall be deemed earned by the Lenders as of each date a Term Loan Advance is made. For the avoidance of doubt, if a payment hereunder becomes due and payable on a day that is not a Business Day, the due date thereof shall be the immediately preceding Business Day.
End of Term Charge. On the earliest to occur of (i) the Term Loan Maturity Date, (ii) the date that Borrower prepays the outstanding Secured Obligations (other than any inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) in full, or (iii) the date that the Secured Obligations become due and payable, Borrower shall pay Lender the End of Term Amount. Notwithstanding the required payment date of such charge, it shall be deemed earned by Lender as of the Closing Date.
End of Term Charge. On the earliest to occur of (i) the Term Loan Maturity Date, (ii) the date that Borrower prepays the outstanding Secured Obligations (other than any inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) in full, or (iii) the date that the Secured Obligations become due and payable, Borrower shall pay the Lenders a charge of 6.00% of the principal amount of funded Term Loan Advances (the “End of Term Charge”). Notwithstanding the required payment date of such End of Term Charge, the applicable pro rata portion of the End of Term Charge shall be deemed earned by the Lenders as of each date a Term Loan Advance is made. For the avoidance of doubt, if a payment hereunder becomes due and payable on a day that is not a Business Day, the due date thereof shall be the immediately preceding Business Day.
End of Term Charge. On the earliest to occur of (i) the Term Loan Maturity Date, (ii) the date that Borrower prepays the outstanding Secured Obligations, or (iii) the date that the Secured Obligations become due and payable, Borrower shall pay Lender (a) $500,000 as the end of term charge, or (b) if Borrower does not prepay the outstanding Secured Obligations or this Agreement is not otherwise terminated prior to the Maturity Date, Borrower shall only pay $400,000 as the end of term charge. Notwithstanding the required payment date of such charge, it shall be deemed earned by Lender as of the Closing Date.
End of Term Charge. On the earliest to occur of (i) the Term Loan Maturity Date, (ii) the date that Borrower prepays the outstanding Secured Obligations (other than any inchoate indemnity obligations, any obligations under Bank Services Agreements constituting Secured Obligations that are cash collateralized in accordance with Section 3.4 of this Agreement or for which other satisfactory arrangements with the provider of such Bank Services have been made and any other obligations which, by their terms, are to survive the termination of this Agreement) in full, (iii) the date that the Secured Obligations become due and payable or (iv) as required pursuant to Section 2.4, solely with respect to the aggregate principal amount of the Advances being prepaid, Borrower shall pay Lenders a charge equal to the End of Term Charge. Notwithstanding the required payment date of such End of Term Charge, the applicable pro rata portion of the End of Term Charge calculated pursuant to Section 2.5 shall be deemed earned by Lenders as of each date that an applicable Term Loan Advance is made. For the avoidance of doubt, other than as described in the definition of “Term Loan Maturity Date”, if a payment hereunder becomes due and payable on a day that is not a Business Day, the due date thereof shall be the immediately succeeding Business Day.
End of Term Charge. (a) On the earliest to occur of (i) February 1, 2018, (ii) the date that Borrower prepays the outstanding Secured Obligations relating to the Term Loan Advances, or (iii) the date that the Secured Obligations relating to the Term Loan Advances become due and payable, Borrower shall pay Lender the End of Term Charge (provided that notwithstanding the required payment date of the End of Term Charge, it shall be deemed earned by Lender as of the Closing Date), (b) on the earliest to occur of (i) February 1, 2018, (ii) the date that Borrower prepays the outstanding Secured Obligations relating to the 2016 Term Loan Advances, or (iii) the date that the Secured Obligations relating to the 2016 Term Loan Advances become due and payable, Borrower shall pay Lender the 2016 End of Term Charge (provided that notwithstanding the required payment date of the 2016 End of Term Charge, it shall be deemed earned by Lender as of the 2016 Closing Date), (c) on the earliest to occur of (i) the Term Loan Maturity Date, (ii) the date that Borrower prepays the outstanding Secured Obligations relating to the 2017 Term Loan Advance, or (iii) the date that the Secured Obligations relating to the 2017 Term Loan Advance become due and payable, Borrower shall pay Lender the 2017 End of Term Charge (provided that notwithstanding the required payment date of the 2017 End of Term Charge, it shall be deemed earned by Lender as of the Third Amendment Closing Date), and (d) on the earliest to occur of (i) the Term Loan Maturity Date, (ii) the date that Borrower prepays the outstanding Secured Obligations relating to the Optional Term Loan Advance, or (iii) the date that the Secured Obligations relating to the Optional Term Loan Advance become due and payable, Borrower shall pay Lender the Optional Term Loan End of Term Charge (provided that notwithstanding the required payment date of the Optional Term Loan End of Term Charge, it shall be deemed earned by Lender as of the Third Amendment Closing Date).”
(k) Section 2.7 (Pro Rata Treatment) is amended in its entirety and replaced with the following:
End of Term Charge. On the earliest to occur of (i) the Term Loan Maturity Date, (ii) the date that Borrower prepays the outstanding Secured Obligations (other than any inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) in full, or (iii) the date that the Secured Obligations become due and payable, Borrower shall pay Lender a charge of 6.55% of the aggregate amount of Term Loans funded. Notwithstanding the required payment date of such charge, it shall be deemed earned by Lender as of the Closing Date.
End of Term Charge. (a) On any date that Borrower partially prepays the outstanding Secured Obligations pursuant to Section 2.5, Borrower shall pay the Lenders a charge of 4.85% of the principal amount of such Term Loan Advances being prepaid (without giving effect to any capitalization of paid-in-kind interest for purposes of this calculation).
(b) On the earliest to occur of (i) the Term Loan Maturity Date, (ii) the date that Borrower prepays the outstanding Secured Obligations (other than any inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) in full, or (iii) the date that the Secured Obligations become due and payable in full (other than regularly scheduled interest and amortization payments), Borrower shall pay the Lenders a charge equal to (x) the greater of (A) Two Million Nine Hundred and Ten Thousand Dollars ($2,910,000) and (B) 4.85% of the aggregate amount of all Term Loan Advances funded minus (y) the aggregate amount of payments made pursuant to Section 2.6(a) (collectively with any charge made pursuant to Section 2.6(a), the “End of Term Charge”).
(c) Notwithstanding the required payment date of such End of Term Charge, the applicable pro rata portion of the End of Term Charge shall be deemed earned by the Lenders as of each date a Term Loan Advance is made. For the avoidance of doubt, if a payment hereunder becomes due and payable on a day that is not a Business Day, the due date thereof shall be the immediately preceding Business Day.
End of Term Charge. (a) On the earliest to occur of (i) the Term Loan Maturity DateSeptember 1, 2021, (ii) the date that Borrower prepays the outstanding Secured Obligations (other than any inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) in full, or (iii) the date that the Secured Obligations become due and payable, Borrower shall pay Lender a charge equal to One Million Seven Hundred Eighty-Five Thousand Dollars ($1,785,000.00) (the “2017 End of Term Charge”). Notwithstanding the required payment date of such charge, it$1,487,500 of the 2017 End of Term Charge shall be deemed earned by Lender as of the Closing Date, and $297,500 of the 2017 End of Term Charge shall be deemed earned by Lender as of June 28, 2018.
(b) On the earliest to occur of (i) the Term Loan Maturity Date, (ii) the date that Borrower prepays the outstanding Secured Obligations in full, or (iii) the date that the Secured Obligations become due and payable, Borrower shall pay Lender a charge equal to five and ninety-five hundredths of one percent (5.95%), multiplied by the aggregate original principal amount of all 2019 Term Loan Advances extended by Lender (the “2019 End of Term Charge”). Notwithstanding the required payment date of such charge, each applicable 2019 End of Term Charge shall be deemed fully earned by Lender as of the date on which each 2019 Term Loan Advance is funded.
