Guarantee Fee. In the event that any Member of the Company or its Affiliates provide a guarantee of any indebtedness of the Company which is acceptable to and required by the Company's lenders ("Guarantor Members") and such guarantees are not provided on a pro rata basis by all other Members of the Company (the "Nonguarantor Members"), then the Guarantor Members shall be paid an annual guarantee fee equal to (a) the amount of such indebtedness which is guaranteed by the Guarantor Members or its Affiliates, multiplied by (b) .0075, multiplied by (c) the percentage Membership Interest in the Company owned by the Nonguarantor Members (the "Guarantee Fee"). The Guarantee Fee shall be paid quarterly and the expense thereof shall be allocated to the Nonguarantor Members as follows:
(a) The Guarantee Fee shall be deducted from the Cash Distributions otherwise distributable to the Nonguarantor Members and shall be paid to the Guarantor Members;
(b) To the extent that at the time such Guarantee Fee is due to be paid hereunder there are no anticipated Cash Distributions, then the Company shall pay such Guarantee Fee to the Guarantor Members and the amount of such payments shall be charged to the Capital Accounts of the Nonguarantor Members;
(c) When Cash Distributions become available for distribution to the Members in the future, the Cash Distributions otherwise distributable to the Nonguarantor Members shall first be retained by the Company to the extent that amounts were previously charged to the Capital Accounts of the Nonguarantor Members in accordance with (b) above and any remaining Cash Distributions shall be distributed to the Members in accordance with Section 6.1.
Section 6.1 shall be deleted in its entirety and the following new Section 6.1 shall be substituted in lieu thereof:
Guarantee Fee. The Borrower shall pay a guarantee fee (the “Guarantee Fee”), to the RUS for deposit into the Rural Economic Development Subaccount maintained under Section 313(b)(2)(A) of the RE Act.
Guarantee Fee. Rates in general.
Guarantee Fee. The fee described in Section 7.1 of this Rider charged for Our guarantees under this Rider.
Guarantee Fee. So long as Executive (A) is named as a guarantor (either directly or indirectly through a guarantee given by Executive to Trilogy Mortgage Holdings, Inc. (“Trilogy”) in support of a guarantee by Trilogy of the Employer or one of its Subsidiaries), or (B) provides collateral (whether directly or to Trilogy in support of a collateral obligation of Trilogy) which continues to be held as security, on any funding arrangement pursuant to which one or more lenders, conduit or special purpose vehicles and other financial institutions provide the Employer or one of its Subsidiaries debt financing to purchase, originate, sell, securitize, carry, service or maintain mortgage loans or other financial assets or servicing rights (the “Guaranteed Warehouse Facilities”), then Executive shall receive an amount equal to (a) the product of (i) (x) 0.5% for the period from the date hereof through the end of calendar year 2010, (y) 0.3% for calendar year 2011, and (z) 0.1% for calendar year 2012, and (ii) the average daily outstanding advances under all Guaranteed Warehouse Facilities, divided by (b) the actual number of days elapsed in the applicable period of determination (the “Guarantee Fee”). In the event that Executive provides (directly or indirectly through support of a Trilogy obligation) only a limited guaranty or partial security under any Guaranteed Warehouse Facility (the “Limited Guaranty”), then the foregoing clause (ii) shall, on each day during the relevant measuring period, be equal to the lesser of (I) the average daily outstanding advances under all Guaranteed Warehouse Facilities for each quarter period during such calendar year, or (II) the amount of the Limited Guaranty in effect for such day. Within five (5) business days following the end of each quarter for which the Guarantee Fee is payable, Employer shall pay to Executive the product of the Guarantee Fee and the actual number of days in such quarter (provided, that for the period ended March 31, 2010, the number of days shall be measured from the date hereof). In the event that during any period in which the Guarantee Fee is due, Executive’s guaranty or collateral is (A) reduced, then the Guarantee Fee shall be calculated to take such reduced amount into account over the period in which the reduction was in effect or (B) terminated, then the portion of the Guarantee Fee attributable to the terminated guaranty or the returned collateral shall only be paid through the date of such guaranty termination...
Guarantee Fee. In consideration for the Guarantor's consenting to guarantee and pay the Obligations and provide its indemnity hereunder, the Bank shall pay to the Guarantor at the time of each Interest Payment Date under the Omolon Facility a fee equal to the Guaranteed Percentage of 5.325% per annum applied to the average daily outstanding principal balance of Loans during the period ending on such date, subject to the Bank's receipt in full and free transferability of all amounts owed to it on such date under the Omolon Facility and the amounts due hereunder.
Guarantee Fee. Neither the Manager nor any of its Affiliates is obligated to guaranty, be personally liable upon, or to pledge assets to secure, any indebtedness that may be incurred by the Company. If, however, any such Person guarantees, becomes personally liable upon, or pledges its own assets to secure payment of, any indebtedness of the Company, the Company shall pay to such Person an annual guaranty fee equal to 1% of the higher of (i) the amount of such guaranteed indebtedness on the first day of the Fiscal Year or (ii) the highest outstanding amount of such guaranteed indebtedness at any time during the Fiscal Year; provided, however, that notwithstanding the foregoing, if such Person pledges assets to secure, but does not otherwise become personally liable upon, such indebtedness, the amount of the annual guarantee fee shall in no event exceed 1% of the fair value of the assets pledged to secure such indebtedness, as along as such pledge remains in effect. Such fee shall be payable no later than the January 15 of each Fiscal Year and, if at any time during the year the amount of the guaranteed indebtedness exceeds the level of such guaranteed indebtedness as of January 1 of such Fiscal Year, the additional fee due to the guarantor, as a result of this additional exposure to the guarantor, shall be paid to the guarantor no later than January 15 of the following Fiscal Year.
Guarantee Fee. The recipient of a loan guarantee under sub- section (b) shall pay the Secretary an amount determined by the Secretary to be sufficient to cover the administrative costs of the Secretary relating to the loan guarantee.
Guarantee Fee. The CNPLP shall pay to Hydro annual fees on April 15 of each year during the term of this CNPLP Financing Agreement under each of the Credit Facilities an amount calculated in the following manner:
(a) as part of the Construction Credit Facility an amount determined according to the following formula: A x B where, A is the Guarantee Fee as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date; and B is the CNPLP Total Outstandings with respect to the the March 31st date that is immediately prior to the April 15th payment date;
(b) as part of the Common Unit Distribution Credit Facility an amount determined according to the following formula: A x B where: A is the Guarantee Fee as at 10:00 am (Winnipeg time) on the March 31 st date that is immediately prior to the April 15th payment date; and B is the CNPLP Total Outstandings with respect to the Common Unit Distribution Credit Facility, as at 10:00 am (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date. Provided that after the Final Closing Date, no additional fees shall accrue and be required to be paid on the CNPLP Total Outstandings with respect to the Common Unit Distribution Credit Facility if the CNPLP have delivered a Preferential Distribution Notice and the provisions of section 2.6(1) apply.
(c) as part of the Operating Credit Facility an amount determined according to the following formula: A x B where: A is the Guarantee Fee as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date; and B is the CNPLP Total Outstandings with respect to the Operating Credit Facility, as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date. Notwithstanding the foregoing and subject to the provisions of this CNPLP Financing Agreement (including the requirement to make mandatory payments through Distributions on the CNPLP’s Class K Units pursuant to Article 2) the fees to be paid to Hydro under each Credit Facility pursuant to this section 2.8 shall accrue as an amount owing to Hydro under each of the Credit Facilities and shall only become due and payable on the Maturity Date. For greater certainty the amount of unpaid fees that are accruing under each Credit Facility forms part of the CNPLP Total Outstandings under that Credit Facility.
Guarantee Fee. (a) The Company shall pay to the Agent for the Banks a guarantee fee computed at the rate equivalent to the Margin applicable to Facility A Loans on the Guarantee Outstandings from the Issue Date of the Guarantee up to and including the Expiry Date. Any change to the guarantee fee takes effect from the next date an instalment of guarantee fee is payable which falls after the Business Day following receipt of the relevant compliance certificate providing for a change to the applicable Margin.
(b) Guarantee fee is payable quarterly in advance from the Issue Date of the Guarantee, and on the Expiry Date of the Guarantee.
