Common use of Payment of Credit Subsidy Cost and Fees Clause in Contracts

Payment of Credit Subsidy Cost and Fees. (a) Prior to or concurrently with the issuance of the DOE Guarantee, the Borrower shall pay to DOE, (i) the remaining portion of the DOE Loan Facility Fee, (ii) the Credit Subsidy Cost in respect of the DOE Guarantee, as determined by DOE and approved by OMB (the “DOE Guaranteed Loan Credit Subsidy Cost”), and (iii) in accordance with subsection (c), the initial installment of the DOE Maintenance Fee. (b) The Borrower shall pay to FFB the fees payable to FFB from time to time in accordance with the terms and conditions of the FFB Credit Facility Documents. (c) The Borrower shall pay to DOE the DOE Maintenance Fee each year in advance until the Debt Termination Date, commencing on the Guarantee Issuance Date, and on January 1 of each calendar year thereafter; provided that (i) for the calendar year in which the Guarantee Issuance Date occurs, the DOE Maintenance Fee shall be pro-rated on a daily basis for the number of days starting with the Guarantee Issuance Date and ending on December 31 of such calendar year and (ii) for the calendar year in which the Maturity Date is scheduled to occur or, following the occurrence of an Alternate Amortization Event, in which the Debt Termination Date is scheduled to occur, the DOE Maintenance Fee shall be pro-rated on a daily basis for the number of days starting with January 1 of such calendar year and ending on the Maturity Date or the scheduled Debt Termination Date, as the case may be, provided that, in the case of this subclause (ii), if the Debt Termination Date does not occur on or before (x) the Maturity Date, or (y) following the occurrence of an Alternate Amortization Event, the scheduled Debt Termination Date, as the case may be, then the Borrower shall promptly pay to DOE the balance of the DOE Maintenance Fee for such calendar year. (d) The Borrower shall pay to DOE the DOE Modification Reimbursement Payments, if any, in the amount(s) and at the time(s) reasonably determined by DOE. (e) All DOE Guaranteed Loan Fees shall be paid on the dates due, in immediately available funds in Dollars, to the payee thereof, as applicable. Once paid, the DOE Guaranteed Loan Fees shall not be refundable under any circumstances; provided, however, that the amounts payable pursuant to Section 3.4(a) shall become non-refundable upon the execution and delivery of this Agreement. (f) All amounts payable to DOE under this Section 3.4 shall be paid by wire transfer to the following account, or to such other account as may be specified by DOE from time to time. Bank: U.S. Treasury Department ABA #: 0000-0000-0 Account Name: U.S. Department of Energy Account #: TREASNYC/CTR/BNF = 89000001

Appears in 1 contract

Samples: Loan Guarantee Agreement (Oglethorpe Power Corp)

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Payment of Credit Subsidy Cost and Fees. (a) Prior to or concurrently with the issuance of the Additional DOE Guarantee, the Borrower shall pay to DOE, (i) the remaining portion of the DOE Loan Facility Fee, (ii) the Credit Subsidy Cost in respect of the Additional DOE Guarantee, as determined by DOE and approved by OMB (the “Additional DOE Guaranteed Loan Credit Subsidy Cost”), and (iii) in accordance with subsection (cSection 3.4(c), the initial an installment of the DOE Maintenance Fee. (b) The Borrower shall pay to FFB the fees payable to FFB from time to time in accordance with the terms and conditions of the FFB Credit Facility Documents. (c) The Borrower shall pay to DOE the DOE Maintenance Fee each year in advance until the Debt Termination Date, commencing on the Guarantee Issuance Date, and on January 1 of each calendar year thereafter; provided that (i) for the calendar year in which the Guarantee Issuance Date occurs, the DOE Maintenance Fee shall be equal to (A) $400,000 pro-rated on a daily basis for the number of days starting with the Guarantee Issuance Date and ending on December 31 of such calendar year, plus (B) the $200,000 amount payable under the Original Loan Guarantee Agreement, as escalated thereunder, pro-rated on a daily basis for the number of days starting with January 1 of the calendar year in which the Guarantee Issuance Date occurs and ending on the day before the Guarantee Issuance Date, minus (C) any amount of the DOE Maintenance Fee previously received from the Borrower in respect of such calendar year and prior to the Guarantee Issuance Date and (ii) for the calendar year in which the Maturity Date is scheduled to occur or, following the occurrence of an Alternate Amortization Event, in which the Debt Termination Date is scheduled to occur, the DOE Maintenance Fee shall be pro-rated on a daily basis for the number of days starting with January 1 of such calendar year and ending on the Maturity Date or the scheduled Debt Termination Date, as the case may be, provided that, in the case of this subclause (ii), if the Debt Termination Date does not occur on or before (x) the Maturity Date, or (y) following the occurrence of an Alternate Amortization Event, the scheduled Debt Termination Date, as the case may be, then the Borrower shall promptly pay to DOE the balance of the DOE Maintenance Fee for such calendar year. (d) The Borrower shall pay to DOE the DOE Modification Reimbursement Payments, if any, in the amount(s) and at the time(s) reasonably determined by DOE. (e) All DOE Guaranteed Loan Fees shall be paid on the dates due, in immediately available funds in Dollars, to the payee thereof, as applicable. Once paid, the DOE Guaranteed Loan Fees shall not be refundable under any circumstances; provided, however, that the amounts payable pursuant to Section 3.4(a) shall become non-refundable upon the execution and delivery of this Agreement. (f) All amounts payable to DOE under this Section 3.4 shall be paid by wire transfer to the following accountapplicable account below, or to such other account as may be specified by DOE from time to time. Bank: U.S. Treasury Department ABA #: 0000-0000-0 Account Name: U.S. Department of Energy Account #: TREASNYC/CTR/BNF = 8900000189000001 OBI: Oglethorpe Power Corporation (An Electric Membership Corporation), LGPO Loan No. 1017 — [Facility $[#,####.##] and Maintenance $[#,####.##] fees] Bank: U.S. Treasury Department ABA #: 0000-0000-0 Account Name: U.S. Department of Energy Account #: TREASNYC/CTR/BNF = 89000001 OBI: Oglethorpe Power Corporation (An Electric Membership Corporation), LGPO Loan No. 1347 — [Facility $[#,####.##] and Maintenance $[#,####.##] fees]

Appears in 1 contract

Samples: Loan Guarantee Agreement (Oglethorpe Power Corp)

Payment of Credit Subsidy Cost and Fees. (a) Prior to or concurrently with the issuance of the Additional DOE Guarantee, the Borrower shall pay to DOE, (i) the remaining portion of the DOE Loan Facility Fee, (ii) the Credit Subsidy Cost in respect of the Additional DOE Guarantee, as determined by DOE and approved by OMB (the "Additional DOE Guaranteed Loan Credit Subsidy Cost"), and (iii) in accordance with subsection clause (c)) of this Section 3.4, the initial an installment of the DOE Maintenance Fee. (b) The Borrower shall pay to FFB the fees payable to FFB from time to time in accordance with the terms and conditions requirements of the FFB Credit Facility Documents. (c) The Borrower shall pay to DOE the DOE Maintenance Fee each year in advance until the Debt Termination Date, commencing on the Guarantee Issuance Date, and on January 1 of each calendar year thereafter; provided that (i) for the calendar year in which the Guarantee Issuance Date occurs, the DOE Maintenance Fee shall be equal to (A) $400,000 pro-rated on a daily basis for the number of days starting with the Guarantee Issuance Date and ending on December 31 of such calendar year plus (B) the $200,000 amount payable under the Original Loan Guarantee Agreement, as escalated thereunder, pro-rated on a daily basis for the number of days starting with January 1 of the calendar year in which the Guarantee Issuance Date occurs and ending on the day before the Guarantee Issuance Date minus (C) any amount of the DOE Maintenance Fee previously received from the Borrower during such calendar year and prior to the Guarantee Issuance Date and (ii) for the calendar year in which the Maturity Date is scheduled to occur or, following the occurrence of an Alternate Amortization Event, in which the Debt Termination Date is scheduled to occur, the DOE Maintenance Fee shall be pro-rated on a daily basis for the number of days starting with January 1 of such calendar year and ending on the Maturity Date or the scheduled Debt Termination Date, as the case may be, provided that, in the case of this subclause (ii), if the Debt Termination Date does not occur on or before (x) the Maturity Date, or (y) following the occurrence of an Alternate Amortization Event, the scheduled Debt Termination Date, as the case may be, then the Borrower shall promptly pay to DOE the balance of the DOE Maintenance Fee for such calendar year. (d) The Borrower shall pay to DOE the DOE Modification Reimbursement Payments, if any, in the amount(s) and at the time(s) reasonably determined by DOE. (e) All DOE Guaranteed Loan Fees shall be paid on the dates due, in immediately available funds in Dollars, to the payee thereofDOE or FFB, as applicable. Once paid, the DOE Guaranteed Loan Fees shall not be refundable under any circumstances; provided, however, that the amounts payable pursuant to Section 3.4(a) shall become non-refundable upon the execution and delivery of this Agreement. (f) All amounts payable to DOE under this Section 3.4 shall be paid by wire transfer to the following accountapplicable account below, or to such other account as may be specified by DOE from time to time. Bank: U.S. Treasury Department ABA #: 0000-0000-0 Account Name: U.S. Department of Energy Account #: No. [ ] TREASNYC/CTR/BNF = 89000001[ ] OBI = [ ] U.S. Treasury Department ABA No. [ ] TREASNYC/CTR/BNF = [ ] OBI = [ ]

Appears in 1 contract

Samples: Loan Guarantee Agreement (Georgia Power Co)

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Payment of Credit Subsidy Cost and Fees. (a) Prior to or concurrently with the issuance of the DOE Guarantee, the Borrower shall pay to DOE, (i) the remaining portion of the DOE Loan Facility Fee, (ii) the Credit Subsidy Cost in respect of the DOE Guarantee, as determined by DOE and approved by OMB (the “DOE Guaranteed Loan Credit Subsidy Cost”), and (iii) in accordance with subsection clause (c)) of this Section 3.4, the initial installment of the DOE Maintenance Fee. (b) The Borrower shall pay to FFB the fees payable to FFB from time to time in accordance with the terms and conditions requirements of the FFB Credit Facility Documents. (c) The Borrower shall pay to DOE the DOE Maintenance Fee each year in advance until the Debt Termination Date, commencing on the Guarantee Issuance Date, and on January 1 of each calendar year thereafter; provided that (i) for the calendar year in which the Guarantee Issuance Date occurs, the DOE Maintenance Fee shall be pro-rated on a daily basis for the number of days starting with the Guarantee Issuance Date and ending on December 31 of such calendar year and (ii) for the calendar year in which the Maturity Date is scheduled to occur or, following the occurrence of an Alternate Amortization Event, in which the Debt Termination Date is scheduled to occur, the DOE Maintenance Fee shall be pro-rated on a daily basis for the number of days starting with January 1 of such calendar year and ending on the Maturity Date or the scheduled Debt Termination Date, as the case may be, provided that, in the case of this subclause (ii), if the Debt Termination Date does not occur on or before (x) the Maturity Date, or (y) following the occurrence of an Alternate Amortization Event, the scheduled Debt Termination Date, as the case may be, then the Borrower shall promptly pay to DOE the balance of the DOE Maintenance Fee for such calendar year. (d) The Borrower shall pay to DOE the DOE Modification Reimbursement Payments, if any, in the amount(s) and at the time(s) reasonably determined by DOE. (e) All DOE Guaranteed Loan Fees shall be paid on the dates due, in immediately available funds in Dollars, to the payee thereofDOE or FFB, as applicable. Once paid, the DOE Guaranteed Loan Fees shall not be refundable under any circumstances; provided, however, that the amounts payable pursuant to Section 3.4(a) shall become non-refundable upon the execution and delivery of this Agreement. (f) All amounts payable to DOE under this Section 3.4 shall be paid by wire transfer to the following account, or to such other account as may be specified by DOE from time to time. Bank: U.S. Treasury Department ABA #: 0000-0000-0 Account Name: U.S. Department of Energy Account #: No. TREASNYC/CTR/BNF = 89000001OBI =

Appears in 1 contract

Samples: Loan Guarantee Agreement (Georgia Power Co)

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