Fees Non-Refundable. All fees set forth in this Section 2.8 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 24 contracts
Samples: Term Loan Agreement (Kilroy Realty, L.P.), Credit Agreement (Kilroy Realty, L.P.), Term Loan Agreement (Kilroy Realty, L.P.)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.6 shall be deemed to have been earned on the date such payment is due in accordance with the provisions hereof of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks Revolving Lenders regardless of whether any Revolving Loans are actually made.
Appears in 20 contracts
Samples: Credit Agreement (Ares Strategic Income Fund), Credit Agreement (Blue Owl Credit Income Corp.), Credit Agreement (Blue Owl Capital Corp)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.6 shall be deemed to have been earned on the date such payment is due in accordance with the provisions hereof of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks Lenders regardless of whether any Loans are actually made.
Appears in 13 contracts
Samples: Credit Agreement (Blue Owl Technology Income Corp.), Credit Agreement (Blue Owl Technology Finance Corp. II), Credit Agreement (Blue Owl Technology Finance Corp. II)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.9 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 12 contracts
Samples: Revolving Credit Agreement (Amb Property Lp), Credit Agreement (Amb Property Corp), Credit Agreement (Amb Property Lp)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.6 shall be deemed to have been earned on the date such payment is due in accordance with the provisions hereof of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks Class A-R Lenders regardless of whether any Class A-R Loans are actually made.
Appears in 5 contracts
Samples: Credit Agreement (AB Private Lending Fund), Credit Agreement (AB Private Credit Investors Corp), Credit Agreement (AB Private Credit Investors Corp)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.7 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower Borrowers or Guarantors to pay such fees in accordance with the provisions hereof shall be binding upon the each Borrower and each Guarantor, and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Amb Property Corp), Revolving Credit Agreement (Amb Property Corp), Revolving Credit Agreement (Amb Property Lp)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.7 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower any Loan Party to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower such Loan Party and shall inure to the benefit of the Administrative Agent and the Banks Lenders regardless of whether any Loans are actually made.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Prologis, L.P.), Revolving Credit Agreement (Prologis, L.P.), Revolving Credit Agreement (Prologis, L.P.)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.7 ------------------- shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Lead Agent and the Banks regardless of whether any Loans are actually made.
Appears in 4 contracts
Samples: Credit Agreement (Cabot Industrial Properties Lp), Credit Agreement (Kilroy Realty Corp), Credit Agreement (Cabot Industrial Trust)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.9 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent, the Documentation Agent, the Syndication Agent and the Banks regardless of whether any Loans are actually made.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Eop Operating LTD Partnership), Revolving Credit Agreement (Equity Office Properties Trust), Revolving Credit Agreement (Eop Operating LTD Partnership)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.7 shall ------------------- be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Lead Agent and the Banks regardless of whether any Loans are actually made.
Appears in 3 contracts
Samples: Assignment and Assumption Agreement (Cabot Industrial Trust), Assignment and Assumption Agreement (Cabot Corp), Revolving Credit Agreement (Kilroy Realty Corp)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.9 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent, the Syndication Agent and the Banks regardless of whether any Loans are actually made.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Eop Operating LTD Partnership), Revolving Credit Agreement (Eop Operating LTD Partnership), Revolving Credit Agreement (Equity Office Properties Trust)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.7 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 3 contracts
Samples: Credit Agreement (Istar Inc.), Credit Agreement (Istar Inc.), First Priority Credit Agreement (Istar Financial Inc)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.9 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower any Credit Party to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower such Credit Party and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Amb Property Lp), Revolving Credit Agreement (Amb Property Lp), Revolving Credit Agreement (Amb Property Lp)
Fees Non-Refundable. All fees set forth in this Section 2.8 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower Borrowers and CarrAmerica LP to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower Borrowers and CarrAmerica LP and shall inure to the benefit of the Administrative Lead Agent and the Banks regardless of whether any Loans are actually made.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Carramerica Realty Corp), Revolving Credit Agreement (Carramerica Realty Corp), Revolving Credit Agreement (Carramerica Realty Corp)
Fees Non-Refundable. All fees set forth in this Section 2.8 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent Agent, Fronting Bank and the Banks Banks, as applicable, regardless of whether any Loans are actually made.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Carramerica Realty Corp), Revolving Credit Agreement (Carramerica Realty Corp)
Fees Non-Refundable. All fees set forth in this Section 2.8 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-non- refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made. Section 2.9.
Appears in 2 contracts
Samples: Credit Agreement (Istar Inc.), Credit Agreement (Istar Inc.)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.9 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof earlier of when accrued or when payable hereunder and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent, and the Documentation Agent, the Syndication Agent and the Banks regardless of whether any Loans are actually made.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Irvine Apartment Communities L P), Revolving Credit Agreement (Iac Capital Trust)
Fees Non-Refundable. All fees set forth in this Section 2.8 shall ------------------- be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Lead Agent and the Banks regardless of whether any Loans are actually made.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Kilroy Realty Corp), Revolving Credit Agreement (Trinet Corporate Realty Trust Inc)
Fees Non-Refundable. All fees set forth in this Section 2.8 ------------------- shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 2 contracts
Samples: Credit Agreement (Smith Charles E Residential Realty Inc), Credit Agreement (Smith Charles E Residential Realty Lp)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.07 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Revolving Credit Agreement (Security Capital Atlantic Inc)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.7 shall be deemed to have been earned on the date payment is due (or in the case of Delayed Draw Fee, as it accrues) in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Term Loans are actually made.
Appears in 1 contract
Samples: Term Loan Agreement (Erp Operating LTD Partnership)
Fees Non-Refundable. All fees set forth in this Section -------------------- 2.8 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Credit Agreement (Smith Charles E Residential Realty Lp)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.16 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Fees Non-Refundable. All fees set forth in this Section 2.8 shall ------------------- be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Smith Charles E Residential Realty Lp)
Fees Non-Refundable. All fees set forth in this Section 2.8 shall ------------------- be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Fees Non-Refundable. All fees set forth in this Section 2.8 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Lead Agent, the Managing Co-Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Revolving Credit Agreement (Trinet Corporate Realty Trust Inc)
Fees Non-Refundable. All fees set forth in this Section 2.8 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks Lenders regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Revolving Credit Agreement (Arbor Realty Trust Inc)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.08 ------------------- shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Revolving Credit Agreement (Security Capital Atlantic Inc)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.9 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower any Loan Party to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower such Loan Party and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Fees Non-Refundable. All fees set forth in this Section 2.8 2.7 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Lead Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Revolving Credit Agreement (Carramerica Realty Corp)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.6 shall be deemed to have been earned on the date such payment is due in accordance with the provisions hereof of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks Lenders regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Credit Agreement (Blue Owl Technology Finance Corp. II)
Fees Non-Refundable. All fees Fees set forth in this Section 2.8 and in the Fee Letter shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and thereof and shall be non-refundable. The obligation of the Borrower Borrowers to pay such fees Fees in accordance with the provisions hereof shall be binding upon the Borrower Borrowers and shall inure to the benefit of the Administrative Agent and the Banks Lenders regardless of whether any Loans are actually made.
Appears in 1 contract
Fees Non-Refundable. All fees set forth in this Section 2.8 2.7 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower Borrowers and CarrAmerica LP to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower Borrowers and CarrAmerica LP and shall inure to the benefit of the Administrative Lead Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Revolving Credit Agreement (Carramerica Realty Corp)
Fees Non-Refundable. All fees set forth in this Section 2.8 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Lead Agent, the Co-Lead Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Revolving Credit Agreement (Erp Operating LTD Partnership)
Fees Non-Refundable. All fees set forth in this Section 2.8 Sections 2.5, 2.9 and 7.1 hereof and in the Fee Letter shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and thereof and shall be non-refundable. The obligation of the Borrower Borrowers to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower Borrowers and shall inure to the benefit of the Administrative Agent and the Banks Lenders regardless of whether any Loans Advances are actually made.
Appears in 1 contract
Samples: Revolving Credit Agreement (Shelbourne Properties Ii Inc)
Fees Non-Refundable. All fees set forth in this ------------------- Section 2.8 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent Agent, Fronting Bank and the Banks Banks, as applicable, regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Carramerica Realty Corp)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.7 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Credit Agreement (Amb Property Corp)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.7 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower any Loan Party to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower such Loan Party and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Joinder Agreement (Prologis, L.P.)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.7 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundablenonrefundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Lead Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Revolving Credit Agreement (Cabot Industrial Properties Lp)
Fees Non-Refundable. All fees set forth in this Section 2.8 shall be ------------------- deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Lead Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Fees Non-Refundable. All fees set forth in this Section 2.8 2.9 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Fees Non-Refundable. All fees set forth in this Section 2.8 2.10 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower Company to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower Company and shall inure to the benefit of the Administrative Agent Agent, and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Credit Agreement (Price Reit Inc)
Fees Non-Refundable. All fees set forth in this Section 2.8 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent Co-Managing Agents, and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Fees Non-Refundable. All fees set forth in this Section 2.8 2.5 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof earlier of when accrued or when payable hereunder and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Fees Non-Refundable. All fees set forth in this Section 2.8 2.6 shall be deemed to have been earned on the date such payment is due in accordance with the provisions hereof of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks Senior Lenders regardless of whether any Senior Loans are actually made.
Appears in 1 contract
Samples: Credit Agreement (AB Private Credit Investors Corp)
Fees Non-Refundable. All fees set forth in this Section 2.8 2.7 shall be deemed to have been earned on the date payment is due in accordance with the provisions hereof of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions hereof of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Administrative Agent and the Banks regardless of whether any Loans are actually made.
Appears in 1 contract
Samples: Revolving Credit Agreement (Tower Realty Trust Inc)
