Common use of LIQUIDATED DAMAGES AMOUNT Clause in Contracts

LIQUIDATED DAMAGES AMOUNT. IF NOTWITHSTANDING THE PROHIBITIONS OF THIS SECTION 4, THE LOAN IS VOLUNTARILY OR INVOLUNTARILY REPAID DURING THE LOCKOUT PERIOD, INCLUDING, BUT NOT LIMITED TO, AS A RESULT OF AN ACCELERATED MATURITY DATE, BUT EXCLUDING A MANDATORY PREPAYMENT UNDER SECTION 4(B), THEN BORROWER SHALL PAY TO LENDER, AS LIQUIDATED DAMAGES FOR SUCH DEFAULT AND NOT AS A PENALTY, AND IN ADDITION TO ANY AND ALL OTHER SUMS AND FEES PAYABLE UNDER THIS NOTE AND THE OTHER LOAN DOCUMENTS, AN AMOUNT EQUAL TO TEN PERCENT (10%) OF THE PRINCIPAL AMOUNT BEING REPAID (THE LIQUIDATED DAMAGES AMOUNT). NO SUCH LIQUIDATED DAMAGES AMOUNT SHALL BE PAYABLE IN ANY EVENT FOLLOWING THE EXPIRATION OF THE LOCKOUT PERIOD.

LIQUIDATED DAMAGES AMOUNT. IF NOTWITHSTANDING THE PROHIBITIONS OF THIS SECTION 4, THE LOAN IS VOLUNTARILY OR INVOLUNTARILY REPAID DURING THE LOCKOUT PERIOD, INCLUDING, BUT NOT LIMITED TO, AS A RESULT OF AN ACCELERATED MATURITY DATE, BUT EXCLUDING A MANDATORY PREPAYMENT UNDER SECTION 4(B), THEN BORROWER SHALL PAY TO LENDER, AS LIQUIDATED DAMAGES FOR SUCH DEFAULT AND NOT AS A PENALTY, AND IN ADDITION TO ANY AND ALL OTHER SUMS AND FEES PAYABLE UNDER THIS NOTE AND THE OTHER LOAN DOCUMENTS, AN AMOUNT EQUAL TO TEN FIVE PERCENT (105%) OF THE PRINCIPAL AMOUNT BEING REPAID (THE "LIQUIDATED DAMAGES AMOUNT"). NO SUCH NOTWITHSTANDING THE FOREGOING, THE LIQUIDATED DAMAGES AMOUNT SHALL NOT BE PAYABLE APPLIED TOWARD ANY PREPAYMENTS OF PROCEEDS (AS SUCH TERM IS DEFINED IN THE LOAN AGREEMENT) NOR ANY EVENT FOLLOWING THE EXPIRATION OF THE LOCKOUT PERIODPREPAYMENT DESCRIBED IN SECTION 4(a)(B) OR 4(c)(ii) ABOVE.

LIQUIDATED DAMAGES AMOUNT. IF IF, NOTWITHSTANDING THE PROHIBITIONS OF THIS SECTION 4, THE LOAN IS VOLUNTARILY OR INVOLUNTARILY REPAID DURING THE LOCKOUT PERIOD, INCLUDING, BUT NOT LIMITED TO, INCLUDING AS A RESULT OF AN ACCELERATED MATURITY DATE, DATE BUT EXCLUDING A MANDATORY PREPAYMENT UNDER SECTION 4(B4(b)(ii), THEN MEZZANINE BORROWER SHALL PAY TO MEZZANINE LENDER, AS LIQUIDATED DAMAGES FOR SUCH DEFAULT AND NOT AS A PENALTY, AND IN ADDITION TO ANY AND ALL OTHER FEES AND SUMS AND FEES PAYABLE UNDER THIS MEZZANINE NOTE AND THE OTHER LOAN DOCUMENTSDOCUMENTS (MEZZANINE), AN AMOUNT EQUAL TO TEN PERCENT (10%) OF THE PRINCIPAL AMOUNT BEING REPAID (THE LIQUIDATED DAMAGES AMOUNT). FOR THE AVOIDANCE OF DOUBT, NO SUCH LIQUIDATED DAMAGES AMOUNT SHALL BE PAYABLE IN ANY EVENT FOLLOWING THE EXPIRATION OF THE LOCKOUT PERIOD.