Overadvance Fee. Without affecting Borrower's obligation to immediately repay to Fremont the amount of each Overadvance in accordance with the provisions of Section 2.2, in the event Fremont agrees to permit any Overadvance to exist and continue and in consideration for permitting such Overadvance to exist and continue, Fremont shall be entitled, in its sole discretion, to charge Borrower a fee in an amount equal to Four Hundred Fifty Dollars ($450) per day for each day any Overadvance exists or, alternatively, such other fee as Fremont and Borrower may agree to at the time the Overadvance is made or discovered.
Overadvance Fee. If an Overadvance exists without Lender’s prior written consent, Borrower shall pay Lender a fee equal to three percent (3.0%) of the original amount of such Overadvance, with such fee not constituting a waiver of Lender’s rights and remedies occasioned by such Overadvance. If an Overadvance exists with Lender’s prior written consent, as one or more of the conditions to such consent, Borrower shall pay Lender a fee in an amount determined by Lender. At Lender’s option, the applicable Overadvance Fee may be charged as an Advance hereunder and added to the Obligations regardless of whether an existing Overadvance will be increased thereby.
Overadvance Fee. Seller shall unconditionally pay to FGI an overadvance fee equal to 3% above the Interest Rate. Such overadvance fee shall be due and payable regardless of whether FGI has accelerated the Obligations. Seller agrees that any overadvance fee payable to FGI is a reasonable estimate of FGI’s damages and is not a penalty. Sale of Accounts and Security Agreement EXHIBIT D Form of Account Debtor Notice [on the letterhead paper of Intercloud Systems, Inc.] Ladies and Gentlemen: As a valued customer, Intercloud Systems is pleased to advise you that to accommodate our customers and fund our continued growth, InterCloud has secured additional liquidity through a FGI Finance (“FGI”) working capital facility. As a result, we have assigned all of our invoices issued to you to FGI. Please note that you will continue to remit your payments in the exact way you have in the past. As far as you are concerned, nothing has changed. To the extent that you are now indebted or may in the future become indebted to us on an account (i.e., invoices) or a general intangible, payment thereof is to be delivered and made payable only to the account listed below. Payment in any other way will not constitute payment and will not discharge your obligation. So that there is no confusion, please continue to remit payments as documented below: < WIRE INSTRUCTIONS > All checks must be payable to and mailed to the below address: < CHECK INSTRUCTIONS > This letter may only be revoked by a writing signed by one of FGI's officers whose signature may only be relied on if acknowledged before a notary public. Thank you. Very truly yours, Intercloud Systems, Inc. By: Title: Sale of Accounts and Security Agreement
Overadvance Fee. On June 30, 2000, an overadvance fee shall be deemed earned in an amount determined by multiplying the Overadvance Amount, if any, as of such date by .03. An additional overadvance fee shall be deemed earned on the last day of each fiscal quarter thereafter in an amount determined by multiplying the Overadvance Amount, if any, as of such last day of the applicable fiscal quarter by .015. Such overadvance fees shall be called "OVERADVANCE FEES" herein. The Borrower shall pay all earned Overadvance Fees in full on the later of the Revolving Credit Loan Maturity Date or the Acquisition Loan Maturity Date; provided, however, that in the event of an Asset Sale (including without limitation a capitalization event) with respect to the Borrower or any Subsidiary, all earned but unpaid Overadvance Fees shall be paid from the Net Cash Sale Proceeds (to the extent such exceed the amount of such unpaid fees) or, in the event of a capitalization event (including any initial public offering of capital stock of PCSI), the Net Offering Proceeds (to the extent such exceed the amount of such unpaid fees) of such Asset Sale.
Overadvance Fee. The Overadvance Fee, payable as to any week in which an Overadvance occurs, and payable on the first Business Day of the following week.
Overadvance Fee. If the Borrower provides to the Agents written notice that it desires to commence the 90 day period for the Overadvance (as set forth in the definition of Borrowing Base Assets), the Borrower shall simultaneous with such notice pay to the Lenders a nonrefundable fee of $12,500 to be shared pro rata by the Lenders (based on each Lender's Revolving Loan Commitment Percentage of the Revolving Committed Amount).
Overadvance Fee. Upon the occurrence of any Overadvance, a fee in an amount equal to one percent (1%) of the dollar amount of such Overadvance, and every thirty (30) days thereafter that an Overadvance, or any portion thereof, remains outstanding, a fee in an amount equal to one percent (1%) of the highest dollar amount of Overadvance existing on any day during the previous thirty (30) day period.
Overadvance Fee. Without affecting Companies’ obligation to immediately repay any Loans which exceed the amounts permitted by Section 2 of this Agreement (“Overadvances”), in the event an Overadvance occurs or is made by Access Capital, all such Overadvances shall bear interest at a per annum rate equal to the Contract Rate applicable to Revolving Credit Advances plus eight percent (8%).
Overadvance Fee. If, on any day after August 31, 1998, an Overadvance exists, at the election of Foothill, the Borrower will pay Foothill a fee equal $1,000 per day for each day that an Overadvance exists."
Overadvance Fee. Borrower shall pay to Agent for its benefit and for the ratable benefit of Lenders an overadvance fee (the “Overadvance Fee”) in the amount of $2,000 payable upon execution of Amendment No. 2. The Overadvance Fee shall be deemed earned in full on the date when same is due and payable hereunder and shall not be subject to rebate or proration upon termination of this Agreement for any reason.”
