Repayment Fee. Upon termination of the Facility on or prior to the Termination Date in accordance with Section 27 herein, Sellers shall pay to Buyer an amount equal to (i) the Repurchase Price, plus (ii) the Repayment Fee, minus (iii) the sum of all Early Repayment Fees, if any.
Repayment Fee. With respect to all repayments of principal of this Note (each, a "Repayment"), whether mandatory or optional, and for the avoidance of doubt including without limitation any repayment upon acceleration of the maturity of this Note upon an Event of Default, the Operating Partnership shall be obligated to pay to the holder of this Note on the date of such Repayment a fee (the "Repayment Fee") in the amount equal to (i) in the case of Repayments in connection with a Repayment Premium Change of Control, 2.0% and (ii), in the case of any other Repayment, 0.75%, of the principal amount repaid; provided, that such percentage in clause (ii) shall be reduced by 0.50% if the Repayment occurs within 45 days after the issuance of this Note. The provisions of this Section 2(f) shall not apply to the extent that this Note is exchanged for Common Shares pursuant to Section 8 of the Purchase Agreement.
Repayment Fee. Upon repayment of the Loans in full (whether at maturity or otherwise), the Borrower shall pay to the Administrative Agent, for the account of the Lenders, an amount (if positive) equal to (i) $1,500,000 minus (ii) the aggregate amount of all Exchange Rate Make-Whole Payments made by the Borrower.
Repayment Fee. In addition to all other sums due under the Loan Documents, Borrower shall pay to Lender a repayment fee in the amount of One Hundred Eighty-Nine Thousand and 00/100 Dollars ($189,000.00) (the “Repayment Fee”), due upon repayment of the Loans, the Maturity Date, or any earlier date on which the Loans are required to be paid in full, by acceleration or otherwise, under this Agreement or any of the other Loan Documents, provided, however, that payment of the Repayment Fee shall be waived by Lender if the Loans are refinanced with Lender; Borrower expressly acknowledging and agreeing that Lender has made no commitment and has no obligation, express or implied, to provide such refinancing, and that any such refinancing would be subject to Lender’s approval in its sole and absolute discretion.
Repayment Fee. (a) Upon the repayment of all or any portion of the Loan, whether on the Maturity Date or any other date (whether such repayment is made voluntarily or involuntarily), Mxxxxxxxx shall be required to pay Mortgagee on the date of such repayment, in addition to the Principal Amount or a portion thereof which is to be prepaid, a non-refundable repayment fee equal to two percent (2%) of the Principal Amount or portion thereof which is to be repaid.
(a) Notwithstanding the foregoing, Mortgagor shall not be obligated to pay the Repayment Fee from:
(i) the proceeds of a Sale permitted by Section 9.04 hereof; or
(ii) the proceeds of:
Repayment Fee. The Borrower shall pay to Agent, for the ratable account of Lenders (based on the Tranche II Loans outstanding immediately prior to such payment in full or, in the case of clause (y) below, based on outstanding Tranche II Loans on the Maturity Date (Tranche II), if sooner than the date of repayment in full), a fee in respect of the Tranche II Loans (such fee, the "Repayment Fee") in the following amount: (x) in the event that Tranche II Loans are repaid in full (whether as a result of a refinancing or otherwise) on or prior to the day which is third anniversary of the Amendment Effective Date, $1,000,000, such fee to be payable on the date such Loans are repaid in full; or (y) if the Tranche II Loans are not repaid in full by the date specified in clause (x), $1,500,000, such fee to be payable upon the date such Loans are repaid in full (whether upon maturity, pursuant to a refinancing or otherwise) or, if earlier, on the date on which the Tranche II Loans mature (whether upon scheduled maturity, or earlier acceleration, or otherwise).
Repayment Fee. Borrower shall pay Agent, for ratable account of Lenders, a repayment premium (“Repayment Fee”) on the date of any prepayment or repayment of the Loans pursuant to Section 2.3(a), Section 2.3(e) or Section 2.4, calculated as follows:
(a) in an amount equal to two percent (2.00%) of the principal amount of the Loans prepaid or repaid if the prepayment or repayment occurs after the first anniversary of the Effective Date and on or prior to the date that is eighteen (18) months after the Effective Date;
(b) in an amount equal to four percent (4.00%) of the principal amount of the Loans prepaid or repaid if the prepayment or repayment occurs after the date that is eighteen (18) months after the Effective Date and on or prior to the Initial Maturity Date (irrespective of whether the Applicable Maturity Date is the Initial Maturity Date or the Extended Maturity Date);
(c) in an amount equal to six percent (6.00%) of the principal amount of the Loans prepaid or repaid if the prepayment or repayment occurs after the Initial Maturity Date and on or prior to the date that is six (6) months after the Initial Maturity Date; and
(d) in an amount equal to eight percent (8.00%) of the principal amount of the Loans prepaid or repaid if the prepayment or repayment occurs (i) after the date that is six (6) months after the Initial Maturity Date, or (ii) upon and after the acceleration of the Loans following a Default pursuant to Section 9.1(a). Any prepayment or repayment of the Loans occurring prior to the first anniversary of the Effective Date, other than pursuant to Section 2.7(d)(ii), shall not be subject to any additional fee or charge thereon (including, without limitation, any Repayment Fee).
Repayment Fee. In connection with the repayment of all or a portion of the Loans (which, for the avoidance of doubt, shall include repayments as a result of an acceleration of the Loans pursuant to Article X (whether automatic or optional acceleration) following an Event of Default, at the Borrower’s option under Section 4.1, at the Borrower’s obligation under Section 4.2 or otherwise) (the “Prepaid Principal”), the Borrower agrees to pay to the Administrative Agent in Dollars for the account of the Lenders pro rata on the basis of their respective Loans being prepaid at such time a fee (the “Repayment Fee”), in an amount equal to the product of (x) the Prepaid Principal of Loans being prepaid at such time and (y) (i) if such repayment occurs on or prior to the Make-Whole Expiry Date, 5.00%, (ii) if such repayment occurs following the Make-Whole Expiry Date but on or prior to the 24-month anniversary of the Closing Date, 5.00%, (iii) if such repayment occurs following the 24-month anniversary of the Closing Date but on or prior to the 30-month anniversary of the Closing Date, 4.00% and (iv) if such repayment occurs following the 30-month anniversary of the Closing Date but prior to the Maturity Date, 3.00%. In addition to the applicable Repayment Fee, if any repayment occurs on or prior to the Make-Whole Expiry Date, the Borrower shall pay to the Administrative Agent the Make-Whole Amount.
Repayment Fee. Under the terms of the Note, in addition to the principal and interest amounts due under the Note, Borrower is required to pay Lender a repayment fee, in the amount of Thirty Five Thousand Dollars ($35,000), at the time of payment of the final principal amount due under the Note. Lender shall have the right, at its option, to convert such fee into shares of the common stock of Java, based on the Exercise Price which is set pursuant to the provisions above dealing with the Stock Warrants.
Repayment Fee. Xxxxxxxx agrees to pay to DIP Xxxxxx a repayment fee equal to $250,000, which fee shall be fully earned upon the Closing Date but not payable unless and until the DIP Loans are paid in full with amounts other than proceed of a sale by Borrower to DIP Lender or an Affiliate of DIP Lender.
