Guaranty Fees. The Company will not, and it will not permit any Subsidiary to, directly or indirectly, pay to the Guarantor or any other guarantor of any of the Company’s indebtedness, obligations and liabilities, any fee or other compensation, but excluding salary, bonus and other compensation for services rendered as an employee (collectively the “Guaranty Fees”) in an aggregate amount in excess of $10,000,000 in any Fiscal Year of the Company. For purposes of this Section 7.30, any Guaranty Fees paid within 45 days after the last day of any Fiscal Year shall be deemed to have been paid during such Fiscal Year.
Guaranty Fees. (a) Each month, commencing with the first full calendar month following the Closing Date, as soon as practicable after the day of such month scheduled for final discharge by Genesis OLP of all Scheduled Obligations relating to deliveries of crude oil in the immediately preceding month (the "Payment Day"), the Agent shall calculate (i) the Priced Exposure relating to such Scheduled Obligations for each day from and including the later of (A) the Closing Date and (B) the day in the calendar month immediately preceding such month such obligations first became Scheduled Obligations (the "Scheduling Day") through and including the Payment Day, (ii) the Forward Exposure for each day in the immediately preceding month, and (iii) the Guaranty Exposure for each day in the immediately preceding month. The Agent may determine the methodology for making such calculations and may make any assumptions it deems appropriate, including assuming that barrels of crude oil are delivered ratably over the immediately preceding month.
(b) The Agent shall calculate and invoice the monthly guaranty fee payable by Genesis OLP in accordance with the following formula:
(i) the quotient of (A) the product of (1) the sum of each of the daily amounts in Sections 2.3(a)(i) and 2.3(a)(ii) and (2) the applicable rate in Schedule I hereto and (B) the number of days in the calendar year including the immediately preceding calendar month; plus
(ii) to the extent that any of the daily amounts contained in Section 2.3(a)(iii) exceeded the Maximum Credit Support Amount for such day, the quotient of (A) 1% of the sum of such excesses and (B) the number of days in the calendar year including the immediately preceding calendar month. Such guaranty fee so calculated and invoiced by the Agent shall be due and payable by Genesis OLP on the last Business Day of the month of calculation.
Guaranty Fees. In the event that a Member or an Affiliate thereof provides on behalf of the Company or a Project Company any guaranty, letter of credit or surety bond, such Member shall provide a copy thereof to the other Members within 10 Business Days and such Member or Affiliate will be entitled to (i) receive a fee (the "Guaranty Fee") which fee shall be comparable to a fee chargeable for providing such guaranty, letter of credit or surety bond to a project company rated below investment grade (or not rated), on a non-recourse basis, that may be arranged in an arm's length transaction by a guarantor which would be deemed to have a credit rating of at least BBB+ and taking into account the amount of the underlying obligation being guaranteed and the length of time the guarantee will be outstanding, and (ii) compensation for the costs and expenses (including reasonable legal fees) incurred in connection with effecting, maintaining and renewing such guaranty, letter of credit or surety bond; provided, that each other Member shall have the right to participate in providing such Credit Support and receiving such Guaranty Fee, by providing up to its pro rata portion (based on its respective percentage of the Membership Interests) of such Credit Support (either by providing a similar credit support instrument with respect to such portion of the obligation, or by indemnifying the Member originally providing such Credit Support with respect to such portion of the credit support obligation,) and shall share in the Guaranty Fee owed in respect thereof by the Company to the original provider of such Credit Support.
Guaranty Fees. On each Due Date, the Borrower shall pay to the Guarantor a Guarantee facility fee (the "FEE") equal to 0.4% of the maximum principal amount, including both amounts outstanding and amounts available to be drawn by the Borrower, of the Revolving Credit Loan as of such Due Date.
(a) Unless otherwise specified by the Guarantor in a written notice given to the Borrower before the Due Date, the Fee shall be paid in immediately available funds denominated in U.S. Dollars.
(b) If and to the extent so specified by the Guarantor in a written notice given to the Borrower before the Due Date, the Fee shall be paid in the form of Common Stock issued in the name of the Guarantor or its designee(s). The number of shares of Common Stock to be issued for purposes of such payment shall be calculated as specified in Section 2.4, with the Applicable Percentage being 90%. Such shares of Common Stock shall be issued by the Borrower within fifteen (15) Business Days after the Due Date.
Guaranty Fees. 31 Section 2.7 Taxes............................................................36 Section 2.8 OPIC Requirements...............................................38 Section 2.10 Default Status...................................................42 Section 2.11 Release of Certain Liens.........................................42 Section 2.12
Guaranty Fees. CPF GP, and its principal Xxxx Xxxxxxxx (each a “Guarantor” and collectively, the “Guarantors”) shall be entitled to guaranty fees (the “Guaranty Fees”) in connection with its providing personal guarantees with respect to financing for the Project. When such Guarantor receives any such Guaranty Fee, such Guaranty Fee shall be paid over to SG Blocks within sixty (60) days of such Guarantor’s receipt thereof, as an advance against the Redemption Consideration under the Redemption Agreement (as assigned to SG Blocks pursuant to the Assignment Agreement), and CPF GP shall be entitled to offset and reduce future payments of Redemption Consideration to SG Blocks under the Redemption Agreement (as assigned to SG Blocks pursuant to the Assignment Agreement) by amounts advanced to SG Blocks pursuant to this Section 1(c). For the avoidance of doubt, the term Guaranty Fees shall not include any development fees or other fees to which any Guarantor may become entitled. For the avoidance of doubt, should any third party including but not limited to Capital Plus make additional guarantees they shall also be considered a Guarantor and shall abide by the terms of this Section 1(c).
Guaranty Fees. As additional consideration for the Issuing Bank's issuing its Letters of Credit for Borrower's account or for issuing its LC Guaranties at Borrower's request pursuant to Section 2.4, Borrower agrees to pay to the Issuing Bank, in addition to the Issuing Bank's costs and expenses incurred in issuing such Letters of Credit and LC Guaranties, fees equal to the Applicable Margin for LIBOR Loans (equal to the face amount of each Letter of Credit and LC Guaranty) times the face amount of each Letter of Credit and LC Guaranty, which fee shall be deemed fully earned upon issuance of each such Letter of Credit or LC Guaranty, and shall be due and payable in equal monthly installments beginning on the first Business Day of the month following the date of issuance of such Letter of Credit or LC Guaranty and continuing on the first Business Day of each month thereafter during the term thereof. No fee payable by Borrower to the Issuing Bank under this Section 3.1(j) shall be subject to rebate or proration upon the termination of this Agreement for any reason.
Guaranty Fees. The Borrower will not, and will not permit any Subsidiary to, directly or indirectly, pay to Mr. and/or Xxx. Xxxxxx X. Pilgrim or any other guarantor of any of the Borrower's Indebtedness, obligations and liabilities, any fee or other compensation, but excluding salary, bonus and other compensation for services rendered as an employee (collectively the "Guaranty Fees") except that, so long as there is not Default or Event of Default nor any event or condition which, with the payment of such fee would constitute a Default or Event of Default, Borrower may pay Guarantee Fees not to exceed $2,000,000 in the aggregate during any fiscal year of the Borrower.
Guaranty Fees. In consideration for the Guaranty, Borrower agrees to pay and the NS Entities agree to cause Borrower to pay and to pay in the event Borrower fails to pay, an annual guarantee fee to the Guarantor in the amount of two percent (2%) of the outstanding principal amount of the Loan. This fee is payable in four quarterly installments, each due on the first day of the month following the applicable calendar quarter.
Guaranty Fees. The Manager and its affiliates, as applicable, do not desire to guaranty any debt or other obligation of the Company or any of its affiliates, however, if the Manager determines that it is reasonably necessary and in the Company's best interests that the Manager or one of its affiliates or principals enter into such a guaranty, then such guarantor shall receive a fee for any guaranty made for any Company or Company subsidiary related loan or other obligation, and such fee shall be equal to 0.25% per annum on the outstanding loan balance. The guaranty fee shall be payable annually, on the first day of the year, for each calendar year by which the guaranty remains in place.
