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 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 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 equal to four and three quarters percent (4.75%) multiplied by the aggregate 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)prepaid. (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 or reimbursement 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 in full payable, or (other than regularly scheduled interest and amortization payments)iv) as required pursuant to Section 2.5, Borrower shall pay the Lenders a charge equal to (x) the greater of four and three quarters percent (A4.75%) Two Million Nine Hundred and Ten Thousand Dollars ($2,910,000) and (B) 4.85% of multiplied by the aggregate original principal amount of all such Term Loan Advances funded made hereunder minus (y) the aggregate amount of payments made pursuant to Section 2.6(a) (collectively collectively, with any charge made required to be paid 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 next Business Day.

End of Term Charge. (a) On any date that Borrower partially prepays the outstanding Secured Obligations pursuant to Section 2.52.5 (other than, for the avoidance of doubt, any partial prepayment that would result in all remaining outstanding Secured Obligations being prepaid in full), Borrower shall pay the Lenders a charge of 4.85% equal to six point six percent (6.60%) of the aggregate 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)prepaid. (b) On the earliest to occur of (i) the Term Loan Maturity Date, (ii) the date that Borrower prepays in full 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)including by acceleration of the Secured Obligations during an Event of Default) pursuant to the terms of this Agreement, Borrower shall pay the Lenders a charge equal to (xi) the greater of six point six percent (A6.60%) Two Million Nine Hundred and Ten Thousand Dollars ($2,910,000) and (B) 4.85% of the aggregate original principal amount of all the Term Loan Advances funded made hereunder minus (yii) the aggregate amount of payments made pursuant to Section 2.6(a) (collectively collectively, with any charge made required to be paid 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 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 Borrowers prepay 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 paymentsincluding without limitation, by acceleration of the Secured Obligations during an Event of Default pursuant to Section 10), Borrower Borrowers shall pay the Lenders a charge in an amount equal to (x) the greater of (A) Two Million Nine Hundred and Ten Thousand Dollars ($2,910,000) and (B) 4.855.25% of the aggregate original principal amount of the Term Loan Advances made hereunder, provided that in the event of a partial prepayment the Term Loan, Borrowers shall pay, together with any such prepayment, a charge equal to 5.25% of the principal amount being prepaid, and upon the repayment in full of all Secured Obligations (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement), an amount equal to 5.25% of the aggregate original principal amount of the Term Loan Advances made hereunder less the aggregate amount of all Term Loan Advances funded minus charges paid in accordance with the foregoing in connection with all prior partial prepayments (y) the aggregate amount of payments made pursuant to Section 2.6(a) (collectively with any charge made pursuant to Section 2.6(a)such charges, collectively, 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 following Business Day.

End of Term Charge. (a) On any date that Borrower partially prepays the outstanding Secured Obligations Term Loan Advances pursuant to Section 2.5, Borrower shall pay the Lenders a charge of 4.85% equal to two and one-half of one percent (2.50%) multiplied by 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)prepaid. (ba) On the earliest to occur of (i) the Term Loan Maturity Date, (ii) the date that Borrower prepays the entirety of the outstanding Secured Obligations (other than any inchoate indemnity obligations Surviving 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 in full (other than regularly scheduled interest and amortization payments)payable, Borrower shall pay the Lenders a charge equal to (x) the greater two and one-half of one percent (A2.50%) Two Million Nine Hundred and Ten Thousand Dollars ($2,910,000) and (B) 4.85% of multiplied by the aggregate original principal amount of all such Term Loan Advances funded made hereunder minus (y) the aggregate amount of payments made pursuant to Section 2.6(a) (collectively with any charge made pursuant to each payment under Section 2.6(a) and Section 2.6(b), individually and collectively, the “End of Term Charge”). (cb) 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 succeeding Business Day.

End of Term Charge. (a) On any date that Borrower partially prepays the outstanding Secured Obligations pursuant to Section 2.52.4, Borrower shall pay the Lenders a charge of 4.85% five and seventeen-twentieths of one percent (5.85%) multiplied by 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)prepaid. (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 or reimbursement 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 in full (other than regularly scheduled interest and amortization payments)payable, Borrower shall pay the Lenders a charge equal to (x) the greater of (AI) Two One Million Nine One Hundred and Ten Seventy Thousand Dollars ($2,910,0001,170,000) and (BII) 4.85% five and seventeen-twentieths of one percent (5.85%) multiplied by the aggregate original principal amount of the aggregate amount of all Term Loan Advances funded made hereunder, whichever is higher, minus (y) the aggregate amount of payments made pursuant to Section 2.6(a2.5(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 calculated pursuant to the preceding sentence 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.

End of Term Charge. (a) On any date that Borrower partially prepays the outstanding Secured Obligations pursuant to Section 2.52.5 (other than, for the avoidance of doubt, any partial prepayment that would result in all remaining outstanding Secured Obligations being prepaid in full), Borrower shall pay the Lenders a charge of 4.85% equal to four point ninety-five percent (4.95%) of the aggregate 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)prepaid. (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)including by acceleration of the Secured Obligations during an Event of Default) pursuant to the terms of this Agreement, Borrower shall pay the Lenders a charge equal to (xi) the greater of four point ninety-five percent (A4.95%) Two Million Nine Hundred and Ten Thousand Dollars ($2,910,000) and (B) 4.85% of the aggregate original principal amount of all the Term Loan Advances funded made hereunder minus (yii) the aggregate amount of payments made pursuant to Section 2.6(a) (collectively collectively, with any charge made required to be paid pursuant to Section 2.6(a), the “End of Term Charge”).. ny-2659060 (c) Notwithstanding the required payment date of such End of Term Charge, the applicable pro rata portion of the End of Term Charge with respect to any Advance shall be deemed earned by the Lenders as of each date a Term Loan the applicable Advance is madeDate. 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.