Common use of Exposure Fee Clause in Contracts

Exposure Fee. (a) In order to be eligible for a Guarantee, each Lessee must pay or cause to be paid an Exposure Fee to Ex­Im Bank as follows: (i) if the relevant Ex­Im Bank Approval indicates that the Exposure Fee is payable “as disbursed”, no later than each Lease Delivery Date and in an amount equal to the percentage specified in such Ex­Im Bank Approval multiplied by the amount of the Financed Portion and Local Cost Financed Portion made on such Lease Delivery Date, (ii) if the relevant Ex­Im Bank Approval indicates that the Exposure Fee is payable “up front” and “financed”, no later than the date of the first Lease Delivery and in the entire amount set forth in such Ex­Im Bank Approval, (iii) if the relevant Ex­Im Bank Approval indicates that the Exposure Fee is payable “up front” and “not financed,” prior to the date of the first Utilization and in the entire amount set forth in such Ex­Im Bank Approval, and (iv) in accordance with Section 7.02 hereof. (b) In the case of each Credit for which (i) the relevant Ex­Im Bank Approval indicates that the Exposure Fee is payable “up front” and (ii) a portion of the Credit has been cancelled by the Lessee or not fully disbursed on or before the Final Lease Delivery Date, Ex­Im Bank shall refund the Exposure Fee applicable to such cancelled or undisbursed amount of Credit, provided that (A) the Lessee has given the Lessor a written request for an Exposure Fee refund and the Lessor has forwarded such request to Ex­Im Bank within 180 days after the Final Lease Delivery Date and (B) Ex­Im Bank determines that the Exposure Fee applicable to such cancelled or undisbursed amount exceeds $1,000. If an Exposure Fee refund is due with respect to an Exposure Fee that has been financed, unless otherwise agreed to by Ex­ Im Bank, Ex­Im Bank shall pay such refund to the Lessor on the next Rent Payment Date that is at least thirty (30) days after the date of Ex­Im Bank’s receipt of such refund request; the Exposure Fee refund shall be applie d to the installments of Guaranteed Rent under the Credit in the inverse order of their maturity, and, in cases where more than one Lease Supplement is outstanding, pro rata to each Lease Supplement . If an Exposure Fee refund is due with respect to an Exposure Fee that has not been financed, Ex­Im Bank shall pay such refund to the Lessee within thirty (30) days after the date of Ex­Im Bank’s receipt of such refund request. Notwithstanding the above, (i) for so long as there exists an Event of Default or event which but for the giving of notice or the lapse of time or both would constitute an Event of Default, Ex­Im Bank shall not be obligated to pay any Exposure Fee refund and (ii) Ex­Im Bank is authorized to set­off and apply any Exposure Fee refund against any outstanding obligations of the Lessee to Ex­Im Bank.

Exposure Fee. (a) In order to be eligible for a Guarantee, the Lender shall cause each Lessee must Borrower to pay or cause to be paid an Exposure Fee to Ex­Im the Lender (for the benefit of Ex-Im Bank and the Lender in accordance with Section 8.5 of the Delegated Authority Lender Agreement), and as follows: (i) if the relevant Ex­Im Bank Approval Delegated Authority Notice indicates that the Exposure Fee is payable “as disbursed”, no later than each Lease Delivery Disbursement Date and in an amount equal to the percentage specified in such Ex­Im Bank Approval Delegated Authority Notice multiplied by the amount of the Financed Portion and Local Cost Financed Portion made on such Lease Delivery Disbursement Date,; (ii) if the relevant Ex­Im Bank Approval Delegated Authority Notice indicates that the Exposure Fee is payable “up front” and “financed”, no later than the date of the first Lease Delivery Disbursement and in the entire amount set forth in such Ex­Im Bank Approval,Delegated Authority Notice; (iii) if the relevant Ex­Im Bank Approval Delegated Authority Notice indicates that the Exposure Fee is payable “up front” and “not financed,” prior to or on the date of submission of the first Utilization Delegated Authority Notice and in the entire amount set forth in such Ex­Im Bank Approval, Delegated Authority Notice; and (iv) with respect to all amounts of Exposure Fee which are to be paid to Ex-Im Bank, in accordance with Section 7.02 hereof. (b) In the case of each Approved Credit for which (i) the relevant Ex­Im Bank Approval Delegated Authority Notice indicates that the Exposure Fee is payable “up front” and (ii) a portion of the Approved Credit has been cancelled by the Lessee Borrower or not fully disbursed on or before the Final Lease Delivery Disbursement Date, Ex­Im each of Ex-Im Bank and the Lender shall refund its Allocable Exposure Fee Percentage of the Exposure Fee applicable to such cancelled or undisbursed amount of Approved Credit, provided that provided, that, (A) the Lessee Borrower has given the Lessor Lender a written request for an Exposure Fee refund and the Lessor Lender has forwarded such request to Ex­Im Ex-Im Bank within 180 one hundred eighty (180) days after the Final Lease Delivery Date Disbursement Date, and (B) Ex­Im Ex-Im Bank determines and the Lender determine that the Exposure Fee applicable to such cancelled or undisbursed amount exceeds one thousand Dollars ($1,000). If an Exposure Fee refund is due with respect to an Exposure Fee that has been financed, unless otherwise agreed to by Ex­ Im Ex-Im Bank, Ex­Im Ex-Im Bank shall pay its Allocable Exposure Fee Percentage of such refund to the Lessor Lender on the next Rent Interest Payment Date that is at least thirty (30) days after the date of Ex­Im Ex-Im Bank’s receipt of such refund request; the . The Exposure Fee refund shall be applie d applied to the installments of Guaranteed Rent under the principal of the Approved Credit in the inverse order of their maturity, and, in cases where and if more than one Lease Supplement Debt Document is outstanding, pro rata to each Lease Supplement such Debt Document. If an Exposure Fee refund is due with respect to an Exposure Fee that has not been financed, Ex­Im each of Ex-Im Bank and the Lender shall pay its Allocable Exposure Fee Percentage of such refund to the Lessee Borrower within thirty (30) days after the date of Ex­Im Ex-Im Bank’s and the Lender’s receipt of such refund request. Notwithstanding the above, (i) for so long as there exists an Event of Default or event which but for the giving of notice or the lapse of time or both would constitute an Event of Default, Ex­Im neither Ex-Im Bank nor the Lender shall not be obligated to pay any Exposure Fee refund and refund; (ii) Ex­Im Ex-Im Bank is authorized and the Lender is required to set­off set-off and apply apply, as applicable, any Exposure Fee refund against any outstanding obligations of the Lessee Borrower to Ex­Im Ex-Im Bank; and (iii) if the Lender has not paid to Ex-Im Bank its proportionate amount of the Exposure Fee as specified in Section 8.5 of the Delegated Authority Lender Agreement, then the amount of any refund to be paid by Ex-Im Bank shall be reduced by such proportion.

Exposure Fee. (a) In order to be eligible for a Guarantee, each Lessee must pay or cause to be paid an Exposure Fee to Ex­Im Ex-Im Bank as follows: (i) if the relevant Ex­Im Ex-Im Bank Approval indicates that the Exposure Fee is payable “as disbursed”, no later than each Lease Delivery Date and in an amount equal to the percentage specified in such Ex­Im Ex-Im Bank Approval multiplied by the amount of the Financed Portion and Local Cost Financed Portion made on such Lease Delivery Date, (ii) if the relevant Ex­Im Ex-Im Bank Approval indicates that the Exposure Fee is payable “up front” and “financed”, no later than the date of the first Lease Delivery and in the entire amount set forth in such Ex­Im Ex-Im Bank Approval, (iii) if the relevant Ex­Im Ex-Im Bank Approval indicates that the Exposure Fee is payable “up front” and “not financed,” prior to the date of the first Utilization and in the entire amount set forth in such Ex­Im Ex-Im Bank Approval, and (iv) in accordance with Section 7.02 hereof. (b) In the case of each Credit for which (i) the relevant Ex­Im Ex-Im Bank Approval indicates that the Exposure Fee is payable “up front” and (ii) a portion of the Credit has been cancelled by the Lessee or not fully disbursed on or before the Final Lease Delivery Date, Ex­Im Ex-Im Bank shall refund the Exposure Fee applicable to such cancelled or undisbursed amount of Credit, provided that (A) the Lessee has given the Lessor a written request for an Exposure Fee refund and the Lessor has forwarded such request to Ex­Im Ex-Im Bank within 180 days after the Final Lease Delivery Date and (B) Ex­Im Ex-Im Bank determines that the Exposure Fee applicable to such cancelled or undisbursed amount exceeds $1,000. If an Exposure Fee refund is due with respect to an Exposure Fee that has been financed, unless otherwise agreed to by Ex­ Ex- Im Bank, Ex­Im Ex-Im Bank shall pay such refund to the Lessor on the next Rent Payment Date that is at least thirty (30) days after the date of Ex­Im Ex-Im Bank’s receipt of such refund request; the Exposure Fee refund shall be applie d to the installments of Guaranteed Rent under the Credit in the inverse order of their maturity, and, in cases where more than one Lease Supplement is outstanding, pro rata to each Lease Supplement . If an Exposure Fee refund is due with respect to an Exposure Fee that has not been financed, Ex­Im Ex-Im Bank shall pay such refund to the Lessee within thirty (30) days after the date of Ex­Im Ex-Im Bank’s receipt of such refund request. Notwithstanding the above, (i) for so long as there exists an Event of Default or event which but for the giving of notice or the lapse of time or both would constitute an Event of Default, Ex­Im Ex-Im Bank shall not be obligated to pay any Exposure Fee refund and (ii) Ex­Im Ex-Im Bank is authorized to set­off set-off and apply any Exposure Fee refund against any outstanding obligations of the Lessee to Ex­Im Ex-Im Bank.

Exposure Fee. (a) In order to be eligible for a Guarantee, each Lessee Borrower must pay or cause to be paid an Exposure Fee to Ex­Im Ex-Im Bank as follows: (i) if the relevant Ex­Im Ex-Im Bank Approval indicates that the Exposure Fee is payable “as disbursed”, no later than each Lease Delivery Disbursement Date and in an amount equal to the percentage specified in such Ex­Im Ex-Im Bank Approval multiplied by the amount of the Financed Portion and Local Cost Financed Portion made on such Lease Delivery Disbursement Date,, 7 Guarantee support for Local Cost Goods and Services must be specifically authorized by Ex-Im Bank’s Board of Directors. (ii) if the relevant Ex­Im Ex-Im Bank Approval indicates that the Exposure Fee is payable “up front” and “financed”, no later than the date of the first Lease Delivery Disbursement and in the entire amount set forth in such Ex­Im Ex-Im Bank Approval, (iii) if the relevant Ex­Im Ex-Im Bank Approval indicates that the Exposure Fee is payable “up front” and “not financed,” prior to the date of the first Utilization and in the entire amount set forth in such Ex­Im Ex-Im Bank Approval, and (iv) in accordance with Section 7.02 hereof. (b) In the case of each Credit for which (i) the relevant Ex­Im Ex-Im Bank Approval indicates that the Exposure Fee is payable “up front” and (ii) a portion of the Credit has been cancelled by the Lessee Borrower or not fully disbursed on or before the Final Lease Delivery Disbursement Date, Ex­Im Ex-Im Bank shall refund the Exposure Fee applicable to such cancelled or undisbursed amount of Credit, provided that (A) the Lessee Borrower has given the Lessor Lender a written request for an Exposure Fee refund and the Lessor Lender has forwarded such request to Ex­Im Ex- Im Bank within 180 days after the Final Lease Delivery Disbursement Date and (B) Ex­Im Ex-Im Bank determines that the Exposure Fee applicable to such cancelled or undisbursed amount exceeds $1,000. If an Exposure Fee refund is due with respect to an Exposure Fee that has been financed, unless otherwise agreed to by Ex­ Ex- Im Bank, Ex­Im Ex-Im Bank shall pay such refund to the Lessor Lender on the next Rent Interest Payment Date that is at least thirty (30) days after the date of Ex­Im Ex-Im Bank’s receipt of such refund request; the Exposure Fee refund shall be applie d applied to the installments of Guaranteed Rent under the principal of the Credit in the inverse order of their maturity, and, in cases where more than one Lease Supplement Note is outstanding, pro rata to each Lease Supplement Note. If an Exposure Fee refund is due with respect to an Exposure Fee that has not been financed, Ex­Im Ex-Im Bank shall pay such refund to the Lessee Borrower within thirty (30) days after the date of Ex­Im Ex-Im Bank’s receipt of such refund request. Notwithstanding the above, (i) for so long as there exists an Event of Default or event which but for the giving of notice or the lapse of time or both would constitute an Event of Default, Ex­Im Ex-Im Bank shall not be obligated to pay any Exposure Fee refund and (ii) Ex­Im Ex-Im Bank is authorized to set­off set-off and apply any Exposure Fee refund against any outstanding obligations of the Lessee Borrower to Ex­Im Ex-Im Bank.