Leverage Fee. An additional annual fee of $10,000 will be charged to each Fund for leverage monitoring and additional financial statement preparation required for Funds that utilize leverage.
Leverage Fee. (a) Commencing on October 1, 2011, and continuing until the earlier of (i) the Leverage Fee Termination Date (as defined below) and (ii) the date (the “Leverage Fee Payment Date”) on which all obligations (other than contingent indemnification and reimbursement claims in respect of which no claim for payment has been asserted in writing by the Person claiming to hold such claim) under or in respect of the Notes have been paid in full, there shall accrue on a daily basis a fee payable to each holder of Notes (the “Leverage Fee”) equal to 5% per annum, multiplied by the sum of (x) the principal balance of the Notes held by such holder on October 1, 2011, plus (y) all unpaid Deferred Leverage Fee Amounts which have accrued in accordance with this Section 6; provided, however, that the Leverage Fee shall cease to accrue in respect of any portion of such principal balance that shall be prepaid as of the date of prepayment thereof. On any date on which there is a partial prepayment of the Notes, the Company shall pay to each holder of the Notes that are so prepaid, in immediately available funds, the Applicable Portion of the aggregate of the Deferred Leverage Fee Amounts (together with interest accrued thereon to, but excluding, the date of such prepayment (other than interest that has been added to the principal amount of the Notes in accordance with Section 6(c)) then outstanding with respect to such Notes of such holder. On the Leverage Fee Payment Date, the Company shall pay, in immediately available funds, all unpaid Deferred Leverage Fee Amounts, together with the Leverage Fee accrued subsequent to the most recently ended fiscal quarter as of the Leverage Fee Payment Date and all accrued and unpaid interest on all Deferred Leverage Fee Amounts. The “Applicable Portion” means, for any holder as at the date of any prepayment of Notes, the portion of the Deferred Leverage Fee Amounts attributable to the portion of the principal balance of the Notes of such holder that is prepaid on such date. The Leverage Fee or any portion thereof, as applicable, shall be fully earned and due and payable on each date on which such Leverage Fee or such portion thereof, as applicable, is required to be paid.
Leverage Fee. An additional fee of $2,500 per year will be charged to 13A Commercial Mortgage Securities Fund, Inc. for additional financial statement preparation required to the extent that the fund utilizes leveraging.
Leverage Fee. A new paragraph 5S is hereby added to the end of paragraph 5 to read as follows:
Leverage Fee. The Company shall pay to Purchaser on each payment date set forth below the amounts set forth next to such payment date if the Company does not deliver to Purchaser a certificate required under Section 6.6 as of the corresponding reporting date set forth below that demonstrates that the Consolidated Adjusted Net Worth as of the reporting date equals or exceeds $12,000,000 REPORTING Date LEVERAGE FEE PAYMENT DATE July 31, 1996 16,740 August 25, 1996 August 31, 1996 16,740 September 25, 1996 September 30, 1996 27,900 October 25, 1996 October 31, 1996 27,900 November 25, 1996
1.13 SECTION 7.1 is amended and restated, in its entirety, as follows:
Leverage Fee. In addition to interest acxxxxxx xx xhe Notes in accordance with their terms, the Company agrees to pay each holder of Notes in immediately available funds a fee (the "Leverage Fee") payable in arrears on each interest payment date for the Notes in an amount per annum equal to a percentage of the outstanding principal amount of Notes held by such holder determined in accordance with the following table:
3.5:1. 0 or greater 2.00% ------------------------------------------------------- 3.0:1.0 or greater, but less than 3.5:1.0 1.00% ------------------------------------------------------- 2.75:1.0 or greater, but less than 3.0:1.0 0.50% ------------------------------------------------------- 2.5:1.0 or greater, but less than 2.75:1.0 0.25% ------------------------------------------------------- less than 2.5:1.0 0.0% ------------------------------------------------------- provided that (i) for the fiscal quarters ending September 30, 2003 and December 31, 2003, the Leverage Fee shall be 2.00%, (ii) the interest payment payable on November 28, 2003 shall include the Leverage Fee calculated at 2.00% per annum in respect of the period between August 28, 2003 and November 28, 2003 and (iii) for the fiscal quarter ending March 31, 2004 and each fiscal quarter ending thereafter, the Leverage Fee shall be determined by reference to the above table, except that at any time the Leverage Fee shall decrease only if a determination of the Leverage Ratio for each of two consecutive fiscal quarters would warrant such a decrease
Leverage Fee. Avnet shall pay to the Administrative Agent for the account of each Lender in accordance with each such Lenders' Pro Rata Share, a leverage fee on a quarterly basis of 0.250% times the Dollar Equivalent of the actual daily aggregate Outstanding Amount of Loans and L/C Obligations on each day during any such quarter. The leverage fee shall be calculated in arrears and shall accrue at all times from the Second Amendment Date to the Maturity Date, and so long thereafter as any such Loans or L/C Obligations shall be outstanding."
Leverage Fee. The Company agrees to pay to NBD on each payment date set forth below the amounts set forth next to such payment date if the Company does not deliver to NBD a certificate required under Section 7.1(d)(ii) as of the corresponding reporting date set forth below which demonstrates that the Consolidated Tangible Net Worth of the Company and its Subsidiaries as of the reporting date, determined in accordance with GAAP, equals or exceeds $12,000,000:
Leverage Fee. In addition to interest accruing on the Notes, the Company agrees to pay to the holders of the Notes a fee (the “Leverage Fee”) with respect to each fiscal quarter of the Company, beginning with the fiscal quarter ending on (or nearest to) March 31, 2008, on the last day of which the Leverage Ratio for the four most recent fiscal quarters then ended is equal to or greater than 3.00 to 1.00. The Leverage Fee payable for any fiscal quarter with respect to each Note shall be a dollar amount equal to (a) the product obtained by multiplying (i) (1) for each fiscal quarter ending before November 21, 2008 (A) .010 if the Leverage Ratio is less than 4.00 to 1.00, and (B) .025 if the Leverage Ratio is equal to or greater than 4.00 to 1.00 and (2) for each fiscal quarter ending on or after November 21, 2008 (A) .025 if the Leverage Ratio is less than 4.00 to 1.00, and (B) .040 if the Leverage Ratio is equal to or greater than 4.00 to 1.00, in either case times (ii) the Weighted Dollar Average (as defined below) of the principal balance of such Note during the fiscal quarter to which the Leverage Fee relates and (b) dividing the product thus obtained by four. The Leverage Fee for each applicable fiscal quarter shall be payable in arrears on the date upon which the financial statements for such fiscal quarter are to be delivered under paragraph 5A(i) (or paragraph 5A(ii), if the applicable fiscal quarter is the last fiscal quarter in a fiscal year). If the Company fails to deliver financial statements under paragraphs 5A(i) or 5A(ii) for any fiscal quarter or fiscal year by the date such delivery is due, and fails to provide such financial statements within five (5) days of written notice of such failure given to the Company, then the Company shall be deemed to owe the Leverage Fee for such fiscal quarter and shall make the payment required for such fiscal quarter on the date due pursuant to the preceding sentence. Payment of the Leverage Fee shall be made pursuant to the terms of paragraph 11A. The acceptance of the Leverage Fee by any holder of a Note shall not constitute a waiver of any Default or Event of Default, including, without limitation, any Default or Event of Default under paragraph 6C(2). The consequences for the failure to pay the Leverage Fee when due shall be governed by paragraph 7A(ii) hereof, treating the Leverage Fee, for such purposes and for the purpose of determining the amount payable upon acceleration of the Notes, as interest.
Leverage Fee. (i) Avnet shall pay to the Administrative Agent for the account of each Lender in accordance with each such Lender's Pro Rata Share, a leverage fee on a quarterly basis of 0.250% times the Dollar Equivalent of the actual daily aggregate Outstanding Amount of Loans on each day during any such Fiscal Quarter (the "Leverage Fee Reference Quarter") that the ratio of (A) Adjusted Funded Debt for such day to (B) EBITDA (as calculated for the four consecutive Fiscal Quarter period ended on the last day of such Leverage Fee Reference Quarter and as set forth in the Compliance Certificate delivered by Avnet to the Administrative Agent in respect of such Leverage Fee Reference Quarter) equals or exceeds 4.00 to 1.00.
(ii) For purposes of this subsection (c), "Adjusted Funded Debt" of Avnet existing on any day in any Leverage Fee Reference Quarter shall be an amount equal to the sum of:
(A) the amount of Funded Debt existing as of the last day of the Leverage Fee Reference Quarter, other than (I) Obligations existing on such day, (II), if such agreement is then in effect, "Obligations" as defined in and incurred under the Multi-Year Credit Agreement as of such day, and (III), if such agreement is then in effect, "Obligations" as defined in and incurred under the Term Loan Agreement as of such day; plus
