Common use of Financing Coordination Fee Clause in Contracts

Financing Coordination Fee. As compensation to the Manager for its Management Services rendered in connection with the financing by AECP LP or the Owner of any Property Acquisition or Asset, the assumption by AECP LP or the Owner of any Loan(s) with respect to any Property Acquisition or Asset or refinancing by AECP LP or the Owner of any Loan, the Owner shall pay the Manager a fee, payable in cash (the “Financing Coordination Fee”), equal to one-half percent (0.5%) of the principal account incurred by AECP LP or the Owner, as the case may be, or outstanding under any such Loan. AECP LP or the Owner shall pay the Financing Coordination Fee payable pursuant to this Section 5.5 at or promptly after (and in any event within two (2) Business Days after) the closing of the Loan that is the subject of the Financing Coordination Fee then due or each draw down by AECP LP of any principal amount of any Loan, as the case may be; provided, however, that if Owner and the Manager mutually agree to defer payment of any Financing Coordination Fee, then such Financing Coordination Fee shall be paid in accordance with such mutual agreement. The Manager may apply any funds that it holds on behalf of Owner to payment of the amount of any Financing Coordination Fee then due and payable to the Manager pursuant to this Section 5.5 less any amount(s) to which Owner has reasonably objected in writing prior to the closing of the Loan that is the subject of the applicable Financing Coordination Fee. If the Owner timely objects in a notice received by the Manager to any amount of any Financing Coordination Fee, Owner and Manager shall use their reasonable commercial efforts to resolve such dispute amicably, and promptly after the resolution of such matter the Manager may apply any funds that it holds on behalf of Owner to payment of the amount determined to be owing to the Manager. If the funds that the Manager holds on behalf of Owner are insufficient to pay in full when due the amounts due to the Manager pursuant to this Section 5.5, then Owner will promptly make payment to the Manager of the amount due and unpaid in immediately available funds by wire transfer to an account specified by the Manager to Owner. Any amounts payable to the Manager by Owner pursuant to this Section 5.5 will be in addition to all fixed rate charges under any joint operating agreements in which the Manager or its Affiliates act as operator and the Owner owns a working interest. Pursuant to the Partnership Agreement, AECP LP will pay to AECP GP a financing coordination fee in connection with the financing by AECP LP or the Owner of any Property Acquisition or Asset, the assumption by AECP LP or the Owner of any Loan(s) with respect to any Property Acquisition or Asset or refinancing by AECP LP or the Owner of any Loan, which fee shall be payable in cash concurrently with payment by Owner to the Manager of the Financing Coordination Fee pursuant to this Section 5.5 in respect of such financing transaction and shall be in an amount equal to one-quarter percent (0.25%) of the principal account incurred by AECP LP or the Owner, as the case may be, or outstanding under any such Loan.

Financing Coordination Fee. As compensation to the Manager for its Management Services rendered in connection with the financing by AECP LP or the Owner of any Property Acquisition or Asset, the assumption by AECP LP or the Owner of any Loan(s) with respect to any Property Acquisition or Asset or refinancing by AECP LP or the Owner of any Loan, the Owner shall pay the Manager a fee, payable in cash (the “Financing Coordination Fee”), equal to one-half percent (0.5%) of the principal account incurred by AECP LP or the Owner, as the case may be, or outstanding under any such Loan. AECP LP or the Owner shall pay the Financing Coordination Fee payable pursuant to this Section 5.5 at or promptly after (and in any event within two (2) Business Days after) the closing of the Loan that is the subject of the Financing Coordination Fee then due or each draw down by AECP LP the Partnership of any principal amount of any Loan, as the case may be; provided, however, that if Owner and the Manager mutually agree to defer payment of any Financing Coordination Fee, then such Financing Coordination Fee shall be paid in accordance with such mutual agreement. The Manager may apply any funds that it holds on behalf of Owner to payment of the amount of any Financing Coordination Fee then due and payable to the Manager pursuant to this Section 5.5 less any amount(s) to which Owner has reasonably objected in writing prior to the closing of the Loan that is the subject of the applicable Financing Coordination Fee. If the Owner timely objects in a notice received by the Manager to any amount of any Financing Coordination Fee, Owner and Manager shall use their reasonable commercial efforts to resolve such dispute amicably, and promptly after the resolution of such matter the Manager may apply any funds that it holds on behalf of Owner to payment of the amount determined to be owing to the Manager. If the funds that the Manager holds on behalf of Owner are insufficient to pay in full when due the amounts due to the Manager pursuant to this Section 5.5, then Owner will promptly make payment to the Manager of the amount due and unpaid in immediately available funds by wire transfer to an account specified by the Manager to Owner. Any amounts payable to the Manager by Owner pursuant to this Section 5.5 will be in addition to all fixed rate charges under any joint operating agreements in which the Manager or its Affiliates act as operator and the Owner owns a working interest. Pursuant to the Partnership Agreement, AECP LP will pay to AECP GP a financing coordination fee in connection with the financing by AECP LP or the Owner of any Property Acquisition or Asset, the assumption by AECP LP or the Owner of any Loan(s) with respect to any Property Acquisition or Asset or refinancing by AECP LP or the Owner of any Loan, which fee shall be payable in cash concurrently with payment by Owner to the Manager of the Financing Coordination Fee pursuant to this Section 5.5 in respect of such financing transaction and shall be in an amount equal to one-quarter percent (0.25%) of the principal account incurred by AECP LP or the Owner, as the case may be, or outstanding under any such Loan.