Facility Charge Clause Samples
A Facility Charge clause defines the fees or costs associated with the use of a particular facility, such as a building, equipment, or service infrastructure. This clause typically outlines how the charge is calculated—whether as a flat fee, a usage-based rate, or a periodic payment—and specifies when and how payment is to be made. By clearly establishing the financial obligations related to facility use, the clause helps prevent disputes over unexpected costs and ensures both parties understand their responsibilities regarding facility-related expenses.
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 one hundred seventy-five thousand dollars ($175,000).
Facility Charge. The charge for Lighting Facilities as published in the NES Outdoor Lighting Rate – Schedule LS. This schedule may be amended from time to time and shall be available upon request. This charge is determined as a percentage of the installed cost of facilities devoted to, or used by, Lighting Facilities, and shall be in accordance with the generally applicable methodology prescribed by TVA for customers similar to Metro. Luminaire – Any type of fixture that generates lumens, including any electronics necessary to cause the fixture to illuminate, photovoltaic sensors, and energy measurement or control devices that are specific to said luminaire. The term does not include poles, mast arms, secondary wire, or other material used to support or energize the luminaire. Maintenance – Any work performed by NES, or subcontractors, agents, servants, or its employees, necessary to assure that the Lighting Facilities are operating and providing proper illumination, including the repair and replacement of lamps, fixtures, photoelectric controls, mast arms, standards and poles, and lighting system facilities (including conductors and controls). Maintenance does not include repair or replacement of Signal Systems, Pole-mounted Receptacles, or any installations not pre-approved and inspected by NES, or non-electrical facilities (including, but not limited to, conduit, banners, banner arms, raceways, and foundations). An ongoing maintenance program will be established and implemented as part of normal maintenance and a to-be-determined frequency based on anticipated lifetime of new LED fixtures. Pole-mounted Receptacles – 120 Volt receptacles mounted on Streetlight Facilities utilized to provide power for Special Lighting, including decorative Christmas lighting. Public Right-of-Way – The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway, easement or similar property in which Metro now or hereafter holds any property interest. Security and Private Lighting – Area lighting where the primary purpose is not related to Street and Roadway Lighting. Signal Systems – Systems for which the primary purpose is to control and regulate pedestrian flow, vehicular flow, or water navigation. Special Lighting – Any non-standard lighting installation such as tree lights, tree well lights, holiday lighting, etc. Streetlight Facilities – Materials and supp...
Facility Charge. If any applicant fails to use natural gas for equipment stated in the application and used as the basis for estimating the allowable investment within 4 months of the completion of the main, the Utility may calculate and bill the applicant and the applicant shall pay within 45 da▇▇ ▇ nonrefundable Facilities Charge according to the Utility's extension rule in effect at the time the extension was made as though service had been requested on the basis of the actual equipment installed and utilized. At its option, the Utility may require a performance bond or other surety guaranteeing bona fide operation of the facility for which the extension is requested in accordance with applicant's representation in the contract.
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. Borrower shall pay to Agent (on behalf of the Lenders) the Facility Charge on the Effective Date.
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 $ ▇▇▇ ▇▇▇▇▇ 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. ▇▇▇▇▇▇▇▇ 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: $[ ],000,000 Advance Date: ___ __, 20[ ] FOR VALUE RECEIVED, X4 PHARMACEUTICALS, INC., a Delaware corporation, for itself and each of its Qualified Subsidiaries (the “other Borrower”), hereby promises to pay to the order of [Hercules Capital, Inc., a Maryland corporation], or the holder of this Note (the “Lender”) at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 310, Palo Alto, CA 94301 or such other place of payment as the holder of this Secured Term Promissory Note (this “Promissory Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of [ ] Million Dollars ($[ ],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 ...