Common use of Termination and Line Reduction Fees Clause in Contracts

Termination and Line Reduction Fees. If the Credit Facility is terminated (i) by the Lender during a Default Period that begins before a Maturity Date, (ii) by the Borrower (A) as of a date other than a Maturity Date or (B) as of a Maturity Date but without the Lender having received written notice of such termination at least 90 days before such Maturity Date, or if the Borrower reduces the Maximum Line, the Borrower shall pay to the Lender a fee in an amount equal to a percentage of the Maximum Line (or the reduction of the Maximum Line, as the case may be) as follows: (A) three percent (3.0%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; (B) two percent (2.0%) if the termination or reduction occurs after the first anniversary of the Funding Date but on or before the second anniversary of the Funding Date; and (C) one percent (1.0%) if the termination or reduction occurs after the second anniversary of the Funding Date.

Termination and Line Reduction Fees. If the Credit Facility is terminated (i) by the Lender during a Default Period that begins before a Maturity Date, (ii) by the Borrower (A) as of a date other than a Maturity Date or (B) as of a Maturity Date but without the Lender having received written notice of such termination at least 90 days before such Maturity Date, or if the Borrower reduces the Maximum Line, the Borrower shall pay to the Lender a fee in an amount equal to a percentage of the Maximum Line (or the reduction of the Maximum Line, as the case may be) as follows: (A) three percent (3.03%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; (B) two percent (2.02%) if the termination or reduction occurs after the first anniversary of the Funding Date but on or before the second anniversary of the Funding Date; and (C) one percent (1.01%) if the termination or reduction occurs after the second anniversary of the Funding Date, in the case of a reduction, by the amount of the reduction expressed as a percentage of the Maximum Line immediately before the reduction.

Termination and Line Reduction Fees. If (i) the Lender terminates the Credit Facility is terminated (i) by the Lender during a Default Period that begins before Period, or if (ii) the Borrower terminates or reduces the Credit Facility on a date prior to the Maturity Date, (ii) by the Borrower (A) as of a date other than a Maturity Date or (B) as of a Maturity Date but without the Lender having received written notice of such termination at least 90 days before such Maturity Date, or if the Borrower reduces the Maximum Line, then the Borrower shall pay to the Lender as liquidated damages and not as a penalty a termination fee in an amount equal to a percentage of the Maximum Line Amount (or the reduction of the Maximum LineLine Amount, as the case may be) calculated as follows: (A) three percent (3.0%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; (B) two percent (2.0%) if the termination or reduction occurs after the first anniversary of the Funding Date Date, but on or before the second anniversary of the Funding Date; and (C) one percent (1.0%) if the termination or reduction occurs after the second anniversary of the Funding Date.

Termination and Line Reduction Fees. If the Credit Facility is terminated (i) by the Lender during a Default Period that begins before a Maturity Date, (ii) by the Borrower (A) as of a date other than a Maturity Date or (B) as of a Maturity Date but without the Lender having received written notice of such termination at least 90 days before such Maturity Date, or if the Borrower reduces the Maximum Line, the Borrower shall pay to the Lender a fee in an amount equal to a percentage of the Maximum Line (or the reduction of the Maximum Line, as the case may be) as follows: (A) three two percent (3.02.0%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; and (B) two one percent (2.01.0%) if the termination or reduction occurs after the first anniversary of the Funding Date but on or before the second anniversary of the Funding Date; and (C) one percent (1.0%) if the termination or reduction occurs after the second anniversary of the Funding Date.

Termination and Line Reduction Fees. If the Credit Facility is terminated (i) by the Lender during a Default Period that begins before a Maturity Date, (ii) by the Borrower (A) as of a date other than a Maturity Date or (B) as of a Maturity Date but without the Lender having received written notice of such termination at least 90 days before such Maturity Date, or if the Borrower reduces the Maximum Line, the Borrower shall pay to the Lender a fee in an amount equal to a percentage of the Maximum Line (or the reduction of the Maximum Line, as the case may be) as follows: (A) three one and one half percent (3.01.50%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; (B) two one percent (2.01.0%) if the termination or reduction occurs after the first anniversary of the Funding Date but on or before the second anniversary of the Funding Date; and (C) one half of one percent (1.00.50%) if the termination or reduction occurs after the second anniversary of the Funding Date.

Termination and Line Reduction Fees. If the Credit Facility is terminated (i) by the Lender during a Default Period that begins before a Maturity Date, (ii) by the Borrower (A) as of a date other than a Maturity Date or (B) as of a Maturity Date but without the Lender having received written notice of such termination at least 90 days before such Maturity Date, or if the Borrower reduces the Maximum Line, the Borrower shall pay to the Lender a fee in an amount equal to a percentage of the Maximum Line (or the reduction of the Maximum Line, as the case may be) as follows: (A) three percent (3.03%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; (B) two percent (2.02%) if the termination or reduction occurs after the first anniversary of the Funding Date but on or before the second anniversary of the Funding Date; and (C) one percent (1.01%) if the termination or reduction occurs after the second anniversary of the Funding Date and before the Maturity Date.

Termination and Line Reduction Fees. If (i) the Lender terminates the Credit Facility is terminated (i) by the Lender during a Default Period that begins before a Maturity DatePeriod, or if (ii) by the Borrower (A) as of terminates or reduces the Credit Facility on a date prior to the Maturity Date (other than as a Maturity Date or (B) as direct consequence of a Maturity Date but without the Lender having received written notice of Lender’s failure to fund Advances under this Agreement when all conditions precedent to such termination at least 90 days before such Maturity DateAdvance have been satisfied), or if the Borrower reduces the Maximum Line, then the Borrower shall pay to the Lender as liquidated damages and not as a penalty a termination fee in an amount equal to a percentage of the Maximum Line Amount (or the reduction of the Maximum LineLine Amount, as the case may be) calculated as follows: (A) three percent (3.0%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; (B) two percent (2.0%) if the termination or reduction occurs after the first anniversary of the Funding Date Date, but on or before the second anniversary of the Funding Date; and (C) one percent (1.0%) if the termination or reduction occurs after the second anniversary of the Funding Date.

Termination and Line Reduction Fees. If the Credit Facility is terminated (i) by the Lender during a Default Period that begins before a Maturity Date, (ii) by the Borrower (A) for any reason as of a date other than a Maturity Date or (B) as of a Maturity Date but without the Lender having received written notice of such termination at least 90 days before such Maturity Date, the Borrower shall pay the Lender a fee in an amount equal to $5,000 multiplied by the number of months remaining until the Maturity Date; provided, however, that no termination fee shall be payable if (i) the Credit Facility is terminated by the Lender in accordance with the provisions of Section 8.2(a) hereof, (ii) the Lender declares the Obligations to be due and payable in accordance with Section 8.2(b) hereof, or if (iii) the Credit Facility is terminated on or after the date which 11 12 is eighteen (18) months after the Funding Date on account of refinancing of the Credit Facility by a Norwest Bank. If the Borrower reduces the Maximum Line, the Borrower shall pay to the Lender a fee in an amount equal to a percentage of the reduction in the Maximum Line (or the reduction of the Maximum Line, as the case may be) as follows: (Ai) three percent (3.0%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; (Bii) two percent (2.0%) if the termination or reduction occurs after the first anniversary of the Funding Date but on or before prior to the second anniversary of the Funding Date; and (Ciii) one percent (1.0%) if the termination or reduction occurs after the second anniversary of the Funding Date.

Termination and Line Reduction Fees. If the Credit Facility is terminated (i) by the Lender during a Default Period that begins before a Maturity Date, (ii) by the Borrower (A) as of a date other than a Maturity Date or (B) as of a Maturity Date but without the Lender having received written notice of such termination at least 90 days before such Maturity Date, or if the Borrower reduces the Maximum Line, the Borrower shall pay to the Lender a fee in an amount equal to a percentage of the Maximum Line (or the reduction of the Maximum Line, as the case may be) as follows: (A) three percent (3.03%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; (B) two percent (2.02%) if the termination or reduction occurs after the first anniversary of the Funding Date but on or before the second anniversary of the Funding Date; and (C) one percent (1.01%) if the termination or reduction occurs after the second anniversary of the Funding Date.

Termination and Line Reduction Fees. If the Credit Facility is terminated (i) by the Lender during a Default Period that begins before a the Maturity Date, (ii) by the Borrower Borrowers (A) as of a date other than a the Maturity Date or (B) as of a the Maturity Date but without the Lender having received written notice of such termination at least 90 30 days before such Maturity Date, or if the Borrower reduces Borrowers reduce the Maximum Line, the Borrower Borrowers shall pay to the Lender a fee in an amount equal to a percentage of the Maximum Line (or the reduction of the Maximum Line, as the case may be) as follows: (A) three percent (3.03%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; (B) two percent (2.02%) if the termination or reduction occurs after the first anniversary of the Funding Date but on or before the second anniversary of the Funding Date; and (C) one percent (1.01%) if the termination or reduction occurs after the second anniversary of the Funding Date.

Termination and Line Reduction Fees. If the Credit Facility is terminated (i) by the Lender during a Default Period that begins before a the Maturity Date, (ii) by the any Borrower (A) as of a date other than a the Maturity Date or (B) as of a the Maturity Date but without the Lender having received written notice of such termination at least 90 thirty (30) days before such Maturity Date, or if the any Borrower reduces the Maximum LineLine Amount, the Borrower Borrowers shall pay to the Lender a fee in an amount equal to a percentage of the Maximum Line Amount (or the reduction of the Maximum LineLine Amount, as the case may be) as follows: (A) three two percent (3.02%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; and (B) two one percent (2.01%) if the termination or reduction occurs after the first anniversary of the Funding Date but on or before the second anniversary of the Funding Date; and (C) one percent (1.0%) if the termination or reduction occurs after the second anniversary of the Funding Date.

Termination and Line Reduction Fees. If the Credit Facility is terminated (i) by the Lender during a Default Period that begins before a Maturity Date, (ii) by the Borrower (A) as of a date other than a Maturity Date or (B) as of a Maturity Date but without the Lender having received written notice of such termination at least 90 days before such Maturity Date, or if the Borrower reduces the Maximum Line, the Borrower shall pay to the Lender a fee in an amount equal to a percentage of the Maximum Line (or the reduction of the Maximum Line, as the case may be) as follows: (A) three two percent (3.02%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; (B) two one percent (2.01%) if the termination or reduction occurs after the first anniversary of the Funding Date but on or before the second anniversary of the Funding Date; and (C) one-half of one percent (1.00.5%) if the termination or reduction occurs after the second anniversary of the Funding Date.

Termination and Line Reduction Fees. If the Credit Facility is terminated (i) by the Lender during a Default Period that begins before a Maturity Date, (ii) by the Borrower (A) for any reason as of a date other than a the Maturity Date or (B) as of a Maturity Date but without the Lender having received written notice of such termination at least 90 days before such Maturity Date, or if the Borrower reduces the Maximum Line, except if such termination or reduction is within one hundred twenty (120) days after the Lender required a payment to restore its Return pursuant to Section 2.7 hereof, the Borrower shall pay to the Lender a fee in an amount equal to a percentage of (i) the Maximum Line Total Facility if the Credit Facility is terminated, or (or ii) the reduction of in the Maximum Line, as the case may be) applicable, as follows: (A) three two percent (3.02.0%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; (B) two one percent (2.01.0%) if the termination or reduction occurs after the first anniversary of the Funding Date but on or before prior to the second anniversary of the Funding Date; and (C) one one-half percent (1.0.5%) if the termination or reduction occurs after the second anniversary of the Funding Date.

Termination and Line Reduction Fees. If the Credit Facility is terminated (i) by the Lender during a Default Period that begins before a Maturity Date, (ii) by the Borrower (A) as of a date other than a Maturity Date or (B) as of a Maturity Date but without the Lender having received written notice of such termination at least 90 days before such Maturity Date, or if the Borrower reduces the Maximum Line, the Borrower shall pay to the Lender a fee in an amount equal to a percentage of the Maximum Line (or the reduction of the Maximum Line, as the case may be) as follows: (A) three percent (3.03.00%) if the termination or reduction occurs on or before the first anniversary of the Funding Date; (B) two percent (2.02.00%) if the termination or reduction occurs after the first anniversary of the Funding Date but on or before the second anniversary of the Funding Date; and (C) one percent (1.01.00%) if the termination or reduction occurs after the second anniversary of the Funding Date.