Finance Charges and Other Fees Sample Clauses

Finance Charges and Other Fees. The Transferor, except as otherwise required by any Requirement of Law, or as is deemed by the Servicer to be necessary in order for an Originator to maintain its credit card business, based upon a good faith assessment by the Servicer, in its sole discretion, of the nature of the competition in the credit card business, shall not at any time reduce the Periodic Finance Charges assessed on any Receivable or other fees on any Account if, as a result of such reduction, the Servicer's reasonable expectation of the Portfolio Yield as of such date (after giving effect to any concurrent exercise of a discount option) would be less than the Base Rate.
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Finance Charges and Other Fees. Except (i) as otherwise required by any ------------------------------ Requirements of Law or (ii) as is consistent with the provisions of the Transfer and Servicing Agreement and all Supplements thereto and as is deemed by FCNB to be advisable for the charge account program based on a good faith assessment by FCNB of the various factors impacting the use of FCNB charge accounts, FCNB shall not reduce at any time (x) the Finance Charges assessed in respect of any Accounts or (y) any other fees charged on any of the Accounts, if as a result of any such reduction, FCNB's reasonable expectation of the Portfolio Yield as of such date would be less than the highest of the Base Rates for the Notes then outstanding.
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Finance Charges and Other Fees. Seller agrees that, except as ------------------------------ otherwise required by any Requirement of Law or as is deemed by Seller to be advisable for its MasterCard and VISA programs based on a good faith assessment by Seller of the various factors impacting the use of its MasterCard and VISA cards, Seller shall not reduce at any time (i) the Finance Charges assessed in respect of any Accounts, or (ii) any other fees charged on any of the Accounts if, as a result of such reduction, Seller's reasonable expectation of the Portfolio Yield in respect of any Series as of such date would be less than the current Base Rate applicable to such Series.
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Finance Charges and Other Fees. Seller agrees that, except as ------------------------------ otherwise required by any Requirement of Law or as is deemed by FCNB to be advisable for its charge account programs based on a good faith assessment by FCNB of the various factors relating to its business, FCNB shall not reduce at any time (i) the Finance Charges assessed in respect of any Accounts, or (y) any other fees charged on any of the Accounts if, as a result of such reduction, FCNB's reasonable expectation of the Portfolio Yield as of such date, after giving effect to such reduction, would be less than the current weighted average Base Rates for all outstanding Series. Further, the Seller agrees that, unless required by any Requirement of Law, FCNB shall not reduce the annual percentage rate applicable to the Accounts if, as a result of such reduction, FCNB's reasonable expectation is that the Portfolio Yield would be less than the highest Certificate Rate with respect to any Series then issued and outstanding.
Sample 1
Finance Charges and Other Fees. Seller agrees that, except as ------------------------------ otherwise required by any Requirement of Law or as is deemed by FCNB to be advisable for its MasterCard and VISA program based on a good faith assessment by FCNB of the various factors impacting the use of its MasterCard and VISA cards, FCNB shall not reduce at any time (x) the Finance Charges assessed in respect of any Accounts, or (y) any other fees charged on any of the Accounts, if as a result of such reduction, FCNB's reasonable expectation of the Portfolio Yield in respect of any Series as of such date would be less than the current Base Rate applicable to such Series.
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Finance Charges and Other Fees. Except (i) as otherwise required by any ------------------------------ Requirements of Law or (ii) as is consistent with the provisions of the Servicing Agreement and all Supplements thereto and as is deemed by RPA Seller to be advisable for its MasterCard and VISA program based on a good faith assessment by RPA Seller of the various factors impacting the use of its MasterCard and VISA cards, RPA Seller shall not reduce at any time (x) the Finance Charges assessed in respect of any Accounts or (y) any other fees charged on any of the Accounts, if as a result of any such reduction, RPA Seller's reasonable expectation of the Portfolio Yield in respect of any Series as of such date would be less than the current Base Rate applicable to such Series.
Sample 1
Finance Charges and Other Fees. The Seller agrees that, except as otherwise required by any Requirement of Law or as is reasonably deemed by Saks to be necessary to maintain the credit card business relating to credit cards issued to customers of Saks & Company, the Seller shall maintain Saks' commitment as set forth in the Receivables Purchase Agreement, that Saks shall not reduce at any time (x) the finance charges assessed in respect of any Accounts, or (y) any other fees charged on any of the Accounts if, as a result of such reduction, the Servicer reasonably expects that the Portfolio Yield with respect to any Series as of such date, after giving effect to such reduction, would be less than the Base Rate for such Series. (e) The Pooling and Servicing Agreement is amended by amending and restating subsection (i) of Section 2.5(q) thereof to read in its entirety as follows: (i) Maintain its own deposit account or accounts, separate from those of any Affiliate, with commercial banking institutions. The funds of the Seller will not be diverted to any other Person or for other than corporate uses of the Seller, nor will such funds be commingled with the funds of Saks or any other subsidiary of Saks; provided, however, in the event that payments received on the Accounts in stores or at the corporate offices of the Servicer or through electronic funds transfers are not deposited in an account of the Seller until the second Business Day after receipt, until such deposit such payments may be commingled with funds of Saks or any of its Affiliates. (f) The Pooling and Servicing Agreement is amended by amending and restating the first two sentences of Section 3.1(a) thereof as follows: SECTION 2. AMENDMENT OF EXHIBIT B UPON EFFECTIVE TIME OF MERGER. Subject to the satisfaction of the conditions precedent contained in Section 4 hereof, the Pooling and Servicing Agreement shall be deemed to be amended upon the Effective Time of the Merger by adding a new Exhibit B-1 in the form attached hereto.
Sample 1
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Finance Charges and Other Fees. Except (i) as is consistent ------------------------------ with the provisions of the Servicing Agreement and all Supplements thereto, (ii) as otherwise required by any Requirement of Law or (iii) as is deemed by FCNB to be advisable for its charge account programs based on a good faith assessment by FCNB of the various factors relating to its business, FCNB shall not reduce at any time (x) the Finance Charges assessed in respect of any Accounts, or (y) any other fees charged on any of the Accounts if, as a result of such reduction, FCNB's reasonable expectation of the Portfolio Yield as of such date, after giving effect to such reduction, would be less than the current weighted average Base Rates for all outstanding Series. Further, except (i) as is consistent with the provisions of the Servicing Agreement and all Supplements thereto, or (ii) as otherwise required by any Requirement of Law, FCNB shall not reduce the annual percentage rate applicable to the Accounts if, as a result of such reduction, FCNB's reasonable expectation is that the Portfolio Yield would be less than the highest Certificate Rate with respect to any Series then issued and outstanding.
Sample 1

Related to Finance Charges and Other Fees

  • Periodic Finance Charges and Other Fees The Seller hereby agrees that, except as otherwise required by any Requirement of Law, or as is deemed by the Seller to be necessary in order for the Seller to maintain its credit card business, based upon a good faith assessment by the Seller, in its sole discretion, of the nature of the competition in the credit card business, it shall not at any time reduce the Periodic Finance Charges assessed on any Receivable or other fees on any Account if, as a result of such reduction, the Seller's reasonable expectation of the Portfolio Yield as of such date would be less than the then Base Rate.

  • Handling Fees and Other Expenses All fees and out of pocket expenses relating to this Agreement, including but not limited to legal costs, costs of production, stamp tax and any other taxes and fees, shall be borne by Party C.

  • Administrative and Other Fees The Borrower agrees to pay the administrative and other fees of the Administrative Agent as provided in the Fee Letter and as may be otherwise agreed to in writing from time to time by the Borrower and the Administrative Agent.

  • Fees, Expenses and Other Payments (a) Except as otherwise provided in this Agreement, all costs and expenses, including, without limitation, fees and disbursements of counsel, financial advisors and accountants, incurred by the parties hereto shall be borne solely and entirely by the party which has incurred such costs and expenses (with respect to such party, its "Expenses"); provided that, except in the event that the payment provided in Section 8.5(b) becomes payable, if DOCP breaches any material term of this Agreement or if the Merger is not consummated, and this Agreement is thereafter terminated, and within one year of the date of such termination DOCP enters into an agreement respecting an Alternative Transaction, DOCP shall pay the reasonable fees and expenses of one firm of legal counsel advising the Management Investor, up to $50,000, plus 50% of any such fees in excess of $50,000, for the benefit of the Management Investor in connection with the transactions contemplated hereby. (b) If (i) this Agreement shall be terminated by Buyer pursuant to Section 8.1(e) or by Buyer or DOCP pursuant to Section 8.1(f), or (ii) (A) after the date of this Agreement any person or "group" (within the meaning of Section 13(d)(3) of the Exchange Act) shall have publicly made a proposal with respect to an Alternative Transaction, (B) the Offer shall have remained open until at least the scheduled expiration date immediately following the date such proposal is made, (C) the Minimum Condition shall not have been satisfied at the expiration of the Offer and (D) this Agreement shall thereafter be terminated pursuant to Section 8.1(d), then DOCP shall pay to Buyer $3,000,000 plus all Expenses of Buyer, CSX, NSC and the Management Investor as promptly as practicable but not later than two business days after termination of this Agreement (unless required simultaneously with termination under Section 8.1(f)) by wire transfer of immediately available funds to an account designated by Buyer.

  • Fees and Other Charges (a) The Borrower will pay a fee on each outstanding Letter of Credit requested by it, at a per annum rate equal to the Applicable Margin then in effect with respect to Eurocurrency Loans under the Revolving Facility (minus the fronting fee referred to below), on the face amount of such Letter of Credit, which fee shall be shared ratably among the Revolving Lenders and payable quarterly in arrears on each Fee Payment Date after the issuance date; provided that, with respect to any Defaulting Lender, such Lender’s ratable share of any letter of credit fee accrued on the aggregate amount available to be drawn on any outstanding Letters of Credit during the period prior to the time such Lender became a Defaulting Lender and unpaid at such time shall not be payable by the Borrower so long as such Lender shall be a Defaulting Lender except to the extent that such Lender’s ratable share of any letter of credit fee shall otherwise have been due and payable by the Borrower prior to such time; provided further that any Defaulting Lender’s ratable share of any letter of credit fee accrued on the aggregate amount available to be drawn on any outstanding Letters of Credit shall accrue for the account of the Borrower so long as such Lender shall be a Defaulting Lender. In addition, the Borrower shall pay to each Issuing Lender for its own account a fronting fee on the aggregate face amount of all outstanding Letters of Credit issued by it to the Borrower separately agreed to by the Borrower and such Issuing Lender (but in any event not to exceed 0.25% per annum), payable quarterly in arrears on each Fee Payment Date after the issuance date. (b) In addition to the foregoing fees, the Borrower shall pay or reimburse each Issuing Lender for costs and expenses agreed by the Borrower and such Issuing Lender in issuing, negotiating, effecting payment under, amending or otherwise administering any Letter of Credit requested by the Borrower.

  • Taxes and other Amounts The Servicer will use its best efforts to collect all payments with respect to amounts due for Taxes, assessments and insurance premiums relating to each Loan Asset to the extent required to be paid to the Borrower for such application under the applicable Loan Agreement and remit such amounts to the appropriate Governmental Authority or insurer as required by the Loan Agreements.

  • Payment of Taxes and Other Expenses Should City, in its discretion, or a relevant taxing authority such as the Internal Revenue Service or the State Employment Development Division, or both, determine that Contractor is an employee for purposes of collection of any employment taxes, the amounts payable under this Agreement shall be reduced by amounts equal to both the employee and employer portions of the tax due (and offsetting any credits for amounts already paid by Contractor which can be applied against this liability). City shall then forward those amounts to the relevant taxing authority. Should a relevant taxing authority determine a liability for past services performed by Contractor for City, upon notification of such fact by City, Contractor shall promptly remit such amount due or arrange with City to have the amount due withheld from future payments to Contractor under this Agreement (again, offsetting any amounts already paid by Contractor which can be applied as a credit against such liability). A determination of employment status pursuant to the preceding two paragraphs shall be solely for the purposes of the particular tax in question, and for all other purposes of this Agreement, Contractor shall not be considered an employee of City. Notwithstanding the foregoing, should any court, arbitrator, or administrative authority determine that Contractor is an employee for any other purpose, then Contractor agrees to a reduction in City’s financial liability so that City’s total expenses under this Agreement are not greater than they would have been had the court, arbitrator, or administrative authority determined that Contractor was not an employee.

  • COMPENSATION AND OTHER FEES As compensation for the services provided by Xxxxxx xxxxxxxxx, the Company agrees to pay to Xxxxxx: (A) The fees set forth below with respect to the Placement: 1. A cash fee payable immediately upon the closing of the Placement and equal to 6% of the aggregate gross proceeds raised in the Placement. Additionally, a cash fee payable within 48 hours of (but only in the event of) the receipt by the Company within 12 months of the Closing Date of any proceeds from the exercise of the Warrants sold in the Placement that are solicited by the Placement Agent and otherwise in compliance with Financial Industry Regulatory Authority (“FINRA”) Rule 5110 equal to 5% of the aggregate cash exercise price received by the Company upon such exercise, if any (the “Warrant Solicitation Fee”), provided, however, the Warrant Solicitation Fee shall be reduced (before any reduction to the Xxxxxx Warrants described in the last sentence of Section A.2 below or any reduction to the expense reimbursement to Xxxxxx in Section B below) to the extent (and only to the extent) that Xxxxxx’x aggregate compensation for the Placement, as determined under FINRA Rule 5110, would otherwise exceed 8%. Such determination of the actual Warrant Solicitation Fee shall be made promptly following completion of the Placement and communicated in writing to the Company. 2. Such number of warrants (the “Xxxxxx Warrants”) to be issued to Xxxxxx or its designees at the Closing to purchase shares of Common Stock equal to 5% of the aggregate number of Shares sold in the Placement. The Xxxxxx Warrants shall have the same terms as the Warrants (if any) issued to the Purchasers in the Placement except that the exercise price shall be at least 125% of the public offering price per share, but in any event not less than the Warrant exercise price, and the expiration date shall be November 27, 2012. The Xxxxxx Warrants shall not have antidilution protections or be transferable for six months from the date of the Offering except as permitted by FINRA Rule 5110, and further, the number of Shares underlying the Xxxxxx Warrants shall be reduced if necessary to comply with FINRA rules or regulations. Such determination of the actual number of Shares underlying the Xxxxxx Warrants shall be made promptly following completion of the Placement and communicated in writing to the Company. (B) The Company also agrees to reimburse Xxxxxx’x expenses (with supporting invoices/receipts) up to a maximum of 0.8% of the aggregate gross proceeds raised in the placement, but in no event more than $30,000 and only in the event the Placement has been consummated. If payable, such reimbursement shall be paid immediately upon the closing of the Placement.

  • Reimbursement of Business and Other Expenses The Executive is authorized to incur reasonable expenses in carrying out the duties and responsibilities under this Agreement, and the Company shall promptly reimburse the Executive for such expenses, subject to documentation in accordance with the Company’s policies.

  • Interest and other amounts Any prepayment under this Agreement shall be made together with accrued interest on the amount prepaid and, subject to any Break Costs, without premium or penalty.

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