Guaranty Fee. The Borrower shall pay the Lender a monthly fee equal to ten percent (10%) of the monthly payment amount guaranteed pursuant to the Lender Guaranties then outstanding and ten percent (10%) of the monthly payments of any kind made by the Lender under the leases entered into by the Lender on behalf of the Borrower identified on Item 2.9 of the Disclosure Schedule (collectively, the “Guaranty Fee”). The Borrower shall pay the Guaranty Fee quarterly in arrears on the last day of each Fiscal Quarter. If the Borrower fails to pay any Guaranty Fee when due, then the amount unpaid shall be deemed to be made, without further notice to the Borrower, as a Revolving Loan.
Guaranty Fee. HGP and HGP LP, jointly and severally, agree to pay Prime LP an annual fee of $150,000 which shall accrue from June 15, 2001 until the date of the termination and unconditional release of any and all obligations under the Guaranty and the Reaffirmation of Guaranty and be payable in equal quarterly installments in arrears on each March 31, June 30, September 30 and December 31, commencing September 30, 2001 (and on the date of termination and release).
Guaranty Fee. (a) On the Closing Date, Crescent agrees to execute and deliver to Xxxxxxxx'x a Warrant Agreement substantially in the form attached as Exhibit A hereto.
(b) Crescent agrees to pay to Xxxxxxxx'x a fee equal to 2% per annum of the average amount of the Guaranteed Obligations (as defined in the Guaranty) during the preceding fiscal quarter (the "Guaranty Fee"). The Guaranty Fee will be payable in arrears on the 15th calendar day after the end of each fiscal quarter. The calculation of the Guaranty Fee will be made by the Chief Financial Officer of Crescent and certified to Xxxxxxxx'x in writing within 10 calendar days after the end of each fiscal quarter. In the event the Guaranty Fee is not paid when due, interest shall accrue on the unpaid fee commencing as of the end of the fiscal quarter at the Base Rate plus 2%.
(c) Amounts owing under this Agreement are expressly made subordinate and junior in right of payment to the prior payment in full in cash and cash equivalents of all loans, obligations and other amounts owing under the Crescent Credit Agreement and the
(i) prior to (A) the occurrence of a Bankruptcy Event, or (B) notice from the Administrative Agent of the occurrence of an Event of Default under the Crescent Credit Agreement, Crescent may make payment, and Xxxxxxxx'x may receive, the Guaranty Fee and other amounts owing hereunder, and
(ii) thereafter, unless the Bankruptcy Event shall have been dismissed or the Event of Default shall have been remedied or waived, as appropriate,
(A) no payment shall be made, direct or indirect, of the Guaranty Fee or other amounts owing hereunder or otherwise in respect hereof, nor shall Xxxxxxxx'x exercise any remedies hereunder or in respect of any collateral interests in respect of amounts owing hereunder;
(B) any payment or other amounts payable on or in respect of this Agreement shall be paid directly to the Administrative Agent for application to the Senior Obligations, and
(C) if, notwithstanding the foregoing provisions, Xxxxxxxx'x shall receive payment on or in respect of this Agreement in contravention of the provisions hereof, such amounts shall be received and held in trust for the benefit of the holders of the Senior Obligations and will be promptly paid over to the Administrative Agent for the Senior Obligations, until the Senior Obligations have been paid in full in cash or cash equivalents.
Guaranty Fee. As compensation for the guaranty of the US $10,000,000 Working Capital Facility described in Exhibit A of this Agreement, Reflectone shall pay in the manner set forth in Section 2(c) hereof, to BAe a guarantee fee (the "Guaranty Fee") based on the drawings made under the Guaranteed Facility equal to 3.5 percent per annum, less the margin charged by Wachovia Bank of Georgia, N.A. as more fully described in the Agreement establishing the Working Capital Facility. The Guaranty Fee due in respect of drawings under the Working Capital Facility shall accrue from day to day commencing on the date of each drawing and shall be computed on the basis of the actual days elapsed using a 360-day year.
Guaranty Fee. The Lender shall pay a guaranty fee to VSBFA equal to one and one-half percent (1.5%) of the guarantied portion of the loan or line of credit. The Lender may assess this guaranty fee(s) on the Borrower.
Guaranty Fee. In the event the Company shall borrow funds from a lender, and the lender shall require guaranties from the members, the parties shall attempt to persuade the lender to allow the members to guarantee repayment only of the portion of the debt represented by the proportionate share of each Member's capital account. In the event, and each time, a lender requires Low to guarantee the portion of debt represented by CRC's proportion of capital, but does not require CRC to guarantee the portion of debt represented by Low's proportion of capital, CRC shall pay to Low a guaranty fee in the amount of four percent (4%) (the "Guaranty Percentage") of the greater of (1) amount of the loan represented by CRC's proportion of capital, or (2) twenty percent (20%). The Guaranty Fee shall be paid annually, but shall be reduced each year in proportion to any reduction in the outstanding balance of the loan. However, if Low and CRC both agree, CRC may eliminate all future Guaranty Fees related to a specific loan by dilution of its equity interest in the Company on a proportionate basis. For instance, and only by way of example, if the Guaranty Fee is calculated to be one-hundred thousand dollars ($100,000.00), which amount represents one percent (1%) of the total capital of the Company, CRC may eliminate the Guaranty Fee for the current year, and all future years, by transferring one-percent (1%) of the Company to Low.
Guaranty Fee. The Company shall pay to each Party which guarantees a Third Party Loan an annual amount equal to 1% of the averaged daily balance of the principal amount of the Third Party Loan outstanding during each Fiscal Year, which amount will be paid within 60 days after the end of each Fiscal Year.
Guaranty Fee. In the event Legacy is required to guaranty any Development Loan or any Permanent Loan, the Company shall pay to Legacy an annual guaranty fee ("Guaranty Fee"), which Guaranty Fee shall be determined and payable in accordance with the provisions of this Section 8.13.
Guaranty Fee. In consideration of Royal providing the Royal Guaranty for the benefit of Rhino, Rhino hereby agrees to pay Royal a guaranty fee (the “Guaranty Fee”) equal to one percent (1%) per year of the face amount of any Surety Bond issued under the Surety Agreement for the benefit of Rhino or its subsidiaries for as long as the Royal Guaranty applies to such Surety Bond. The Guaranty Fee shall be paid as follows:
a. Upon initial issuance of a Surety Bond, an amount equal to one percent (1%) of the face amount of such Surety Bond per year for the period from the date of issuance of the Surety Bond to the last day of the Term.
b. If the Royal Guaranty is still in place at the start of any Term, beginning with the Term that would start on the third anniversary of the execution of the Surety Agreement, an amount equal to one percent (1%) of the face amount of all Surety Bond’s in place at that time.
Guaranty Fee. Upon execution of this Agreement and on each Interest Payment Date (as defined in the Indenture) (each, a “Fee Payment Date”), until all Borrower’s obligations under the Bond Documents and the Reimbursement Documents have been satisfied in full, Borrower shall pay [an annual guaranty fee to Guarantor in an amount equal to forty (40) basis points of the pro rata principal amount of the Bonds subject to the County’s Guaranty as of that Fee Payment Date, payable one-half (1/2) on each Fee Payment Date] [an upfront fee of [$______]].
