Common use of End of Term Charge Clause in Contracts

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 Three and Ninety-Five Hundredths Percent (3.95%) 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 equal to (x) Three and Ninety-Five Hundredths Percent (3.95%) of the aggregate Term Loan Advances 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 any the earliest to occur of (i) Xxxxx 0, 0000, (xx) the date that Borrower partially prepays the outstanding Secured Obligations pursuant (other than any inchoate indemnity obligations and any other obligations which, by their terms, are to Section 2.5survive the termination of this Agreement) in full, or (iii) the date that all the Secured Obligations become due and payable, by acceleration (including, but not limited to, upon the occurrence of a bankruptcy or insolvency event (including the acceleration of claims by operation of law) or otherwise, Borrower shall pay the Lenders Lender a charge of Three and Ninety-Five Hundredths Percent equal to Two Million Six Hundred Twenty Thousand Dollars (3.95%) $2,620,000). Notwithstanding the required payment date of such Term Loan Advances being repaidcharge, it shall be deemed earned by Lender as of the Closing Date. (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 all the Secured Obligations become due and payable, by acceleration (including, but not limited to, upon the occurrence of a bankruptcy or insolvency event (including the acceleration of claims by operation of law) or otherwise, Borrower shall pay the Lenders Lender a charge equal to (x) Three and Ninety-Five Hundredths Percent (3.95%) of 7.55% multiplied by the aggregate principal amount of Term Loans funded under this Agreement (excluding, for the avoidance of doubt, any Term Loan Advances minus (y) the aggregate amount of payments made pursuant to Section 2.6(a) (collectively with any charge made pursuant to Section 2.6(aPIK Interest), the “End of Term Charge”). (c) . Notwithstanding the required payment date of such End of Term Chargecharge, the applicable pro rata portion of the End of Term Charge it shall be deemed earned by the Lenders Lender 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 DayThird Amendment Effective 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 Three and Ninety-Five Hundredths Percent (3.95%) of such Term Loan Advances being repaid. (b) On the earliest to occur of (i) the Term Loan Maturity DateJuly 1, 2022, (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 Lender a charge equal to (x) Three and Ninety-Five Hundredths Percent (3.95%) of in the aggregate Term Loan Advances minus (y) the aggregate amount of payments made pursuant to Section 2.6(a) $1,062,500 (collectively with any charge made pursuant to Section 2.6(a), the “Term A End of Term Charge”). (c) . Notwithstanding the required payment date of such End of Term Chargecharge, the applicable pro rata portion of the End of Term Charge it shall be deemed earned by the Lenders Lender as of each the Closing Date. (b) On the earliest to occur of (i) July 1, 2022, (ii) the date a Term Loan Advance is made. For that Borrower prepays the avoidance outstanding Secured Obligations (other than any inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of doubtthis Agreement) in full, if a payment hereunder becomes or (iii) the date that the Secured Obligations become due and payable on payable, Borrower shall pay Lender a day that is not a Business Daycharge in the amount of $592,500 (the “Term B End of Term Charge”). Notwithstanding the required payment date of such charge, the due date thereof it shall be deemed earned by Lender as of the immediately preceding Business DayFirst Amendment Closing Date.

End of Term Charge. (a) On any the earliest to occur of (i) Xxxxx 0, 0000, (xx) the date that Borrower partially prepays the outstanding Secured Obligations pursuant (other than any inchoate indemnity obligations and any other obligations which, by their terms, are to Section 2.5survive the termination of this Agreement) in full, or (iii) the date that all the Secured Obligations become due and payable, by acceleration (including, but not limited to, upon the occurrence of a bankruptcy or insolvency event (including the acceleration of claims by operation of law) or otherwise, Borrower shall pay the Lenders Lender a charge of Three and Ninety-Five Hundredths Percent equal to Two Million Six Hundred Twenty Thousand Dollars (3.95%) $2,620,000). Notwithstanding the required payment date of such Term Loan Advances being repaidcharge, it shall be deemed earned by Lender as of the Closing Date. (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 all the Secured Obligations become due and payable, Borrower shall pay by acceleration (including, but not limited to, upon the Lenders occurrence of a charge equal to bankruptcy or insolvency event (xincluding the acceleration of claims by operation of law) Three and Ninety-Five Hundredths Percent (3.95%) of the aggregate Term Loan Advances 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.or otherwise,

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 Three and Ninetysix point ninety-Five Hundredths Percent five percent (3.956.95%) multiplied by the principal amount of such Term Loan Advances being repaidprepaid. (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 outstanding Secured Obligations become due and payable, Borrower shall pay the Lenders a charge equal to (x) Three and Ninetysix point ninety-Five Hundredths Percent five percent (3.956.95%) of multiplied by the aggregate original principal amount of such Term Loan Advances made hereunder 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 that an applicable 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.