Facility Charge. The Facility Charge shall be fully earned and due on the Closing Date. Commencing on April 1, 2010 and on the first Business Day of each calendar month thereafter, Borrowers shall pay in cash to Lender a portion of the Facility Charge equal to $37,500 until such Facility Charge is paid in full in cash, provided, that (i) in the event the Loans are accelerated pursuant to the terms hereof, the Facility Charge shall become payable on the date such Loans are accelerated and (ii) so long as no Event of Default then exists or is continuing, interest shall not accrue against the amount of the Facility Charge due but not yet paid in accordance with the terms hereof.
Facility Charge. Fountain Inn Natural Gas includes a $8.00 Facility Charge for each account a customer has established regardless of usage amount per month.
Facility Charge. Borrower shall have paid Eighty Thousand Dollars ($80,000) to Agent on the Advance Date of Tranche 2.
Facility Charge. Borrower shall have paid to Agent a facility fee of three hundred fifty thousand dollars ($350,000).
Facility Charge. (a) For each month during Phase I, Phase II, Phase III and Phase V, Sunoco shall not be required to pay any Facility Charge.
(b) During Phase IV, Sunoco shall pay BOC a modified Facility Charge that is equal to [****] multiplied by a fraction, the numerator of which is the number of days during Phase IV that Sunoco shall have received Hydrogen in volumes that are no less than [****]% of the amount nominated by Sunoco and the denominator of which shall be the number of days in the Phase IV period (such charge, the “Modified Facility Charge”)
(c) For each full month during Phase VI, Sunoco shall pay BOC a Facility Charge in amount equal to [****] per month, subject to monthly escalation as follows: [****] Where: FC = Base Facility Charge is [****] per month FCn = New Base Facility Charge in period n, PPIo = [****] PPIn = [****] LPIo = [****] LPIn = [****]
(d) In the event Sunoco exercises the Sunoco Option set forth in Section 5.7.1, above, the Facility Charge shall be adjusted as set forth in Schedule 5.9.3 for such Additional Hydrogen Volumes taken pursuant thereto.
(e) The monthly Facility Charge shall be pro-rated for any period that is less than a full calendar month at the commencement of Phase VI.
Facility Charge. A Monthly Facility Charge for each of the pipelines consists of two components as shown in the following table: Adjustable Overhead and Operating Non-Adjusting Labor Charges Capital Charge January 1, 1990 January 1, 1996 Kahe $18,700 $ 000 Xxxxx 63,600 15,300 Iwilei 12,500 3,000 The Overhead and Operating Labor Charges shall be adjusted quarterly beginning January 1, 1996, in accordance with a factor ("An") based on the hourly earnings for the petroleum and coal products industry, described in Addendum 1 attached.
Facility Charge. Amounts due in respect of the Facility Charge and which remain unpaid for 5 or more Business Days from the due date.
Facility Charge. Each of the Tranche 2 Facility Charge and the Tranche 3 Facility Charge shall be due and payable at such times set forth in the definitions thereof. For the avoidance of doubt, the Tranche 4 Facility Charge shall be payable pursuant to Section 4.2(g).”
Facility Charge. On the Closing Date, Borrower shall pay the Facility Charge; provided however, Lender shall credit fifty percent (50%) of the Facility Charge to Borrower only if the aggregate Term Loan Advances (subject to payments under Section 2.1(d)) are repaid in full on and not before the Term Loan Maturity Date.
Facility Charge. Xxxxxxxx agrees to notify Agent promptly before the funding of the Loan if any of the matters which have been represented above shall not be true and correct on the Borrowing Date and if Agent has received no such notice before the Advance Date then the statements set forth above shall be deemed to have been made and shall be deemed to be true and correct as of the Advance Date. Executed as of [ ], 20[ ]. BORROWER: X4 PHARMACEUTICALS, INC. SIGNATURE:________________________ TITLE:_____________________________ PRINT NAME:______________________ Dated: January 6________________, 2023 Borrower hereby represents and warrants to Agent that the Company’s current name and organizational status is as follows: Name: X4 Pharmaceuticals, Inc. Type of organization: Corporation State of organization: Delaware Organization file number: 4851982 Borrower hereby represents and warrants to Agent that the street addresses, cities, states and postal codes of its current locations are as follows: $[ ],000,000 Advance Date: ___ __, 20[ ] FOR VALUE RECEIVED, X4 PHARMACEUTICALS, INC., a Delaware corporation, for itself and each of its Qualified Subsidiaries (the “other Borrower”), hereby promises to pay to the order of [Hercules Capital, Inc., a Maryland corporation], or the holder of this Note (the “Lender”) at 000 Xxxxxxxx Xxxxxx, Suite 310, Palo Alto, CA 94301 or such other place of payment as the holder of this Secured Term Promissory Note (this “Promissory Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of [ ] Million Dollars ($[ ],000,000) or such other principal amount as Lender has advanced to Borrower, together with interest at a rate as set forth in Section 2.2(c) of the Loan Agreement based upon a year consisting of 360 days, with interest computed daily based on the actual number of days in each month. This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Second Amended and Restated Loan and Security Agreement dated January 6, 2023, by and among Borrower, Hercules Capital, Inc., a Maryland corporation (the “Agent”) and the several banks and other financial institutions or entities from time to time party thereto as lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as ...
