Common use of Termination and Line Reduction Fees Clause in Contracts

Termination and Line Reduction Fees. Except as set forth in subsection 2.13(c), if the Credit Facility is terminated for any reason (including without limitation, upon termination or acceleration by the Lender) as of a date other than the Maturity Date, or 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 amount of any such reduction, as the case may be) as follows: (i) three percent (3.0%) if the termination or reduction occurs on or before February 1, 2003, (ii) two percent (2.0%) if the termination or reduction occurs after February 1, 2003 but on or before February 1, 2004, and (iii) one percent (1.0%) if the termination or reduction occurs after February 1, 2004 but on or before the Maturity Date.

Appears in 1 contract

Samples: Credit and Security Agreement (Allis Chalmers Corp)

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Termination and Line Reduction Fees. Except as set forth in subsection 2.13(c), if If (i) the Lender terminates the Credit Facility is terminated for any reason during a Default Period, or if (including without limitation, upon termination ii) the Borrower terminates or acceleration by reduces the Lender) as of Credit Facility on a date other than prior to the Maturity Date, or 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 amount reduction of any such reductionthe Maximum Line Amount, as the case may be) calculated as follows: (iA) three one percent (3.01%) if the termination or reduction occurs on or before February 127, 2003, 2010; and (iiB) two one-half of one percent (2.0.50%) if the termination or reduction occurs after February 127, 2003 but on or before February 12010, 2004, and (iii) one percent (1.0%) if the termination or reduction occurs after February 1, 2004 but on or before the Maturity Date.

Appears in 1 contract

Samples: Credit and Security Agreement (Newtek Business Services Inc)

Termination and Line Reduction Fees. Except as set forth in subsection 2.13(c), if If (i) the Lender terminates the Credit Facility is terminated for any reason as a result of the occurrence of an Event of Default, or if (including without limitation, upon termination ii) the Borrower terminates the Credit Facility or acceleration by reduces the Lender) as of Maximum Line on a date other than prior to the Maturity Date, or 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 (or the amount reduction of any such reductionthe Maximum Line, as the case may be) calculated as follows: (iA) three percent (3.0%) if the termination or reduction occurs on or before February 1April 30, 2003, 2016; (iiB) two percent (2.0%) if the termination or reduction occurs after February 1April 30, 2003 2016 but on or before February 1April 30, 2004, 2017; and (iiiC) one percent (1.0%) if the termination or reduction occurs after February 1April 30, 2004 but on or before the Maturity Date2018.

Appears in 1 contract

Samples: Credit and Security Agreement (HC2 Holdings, Inc.)

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Termination and Line Reduction Fees. Except as set forth in subsection 2.13(c), if If (i) the Lender terminates the Credit Facility is terminated for any reason as a result of the occurrence of an Event of Default, or if (including without limitation, upon termination ii) the Borrower terminates the Credit Facility or acceleration by reduces the Lender) as of Maximum Line on a date other than prior to the Maturity Date, or 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 (or the amount reduction of any such reductionthe Maximum Line, as the case may be) calculated as follows: (iA) three percent (3.0%) if the termination or reduction occurs on or before February 1June 30, 2003, 2015; (iiB) two percent (2.0%) if the termination or reduction occurs after February 1June 30, 2003 2015 but on or before February 1June 30, 2004, 2017; and (iiiC) one percent (1.0%) if the termination or reduction occurs after February 1June 30, 2004 but on or before the Maturity Date2017.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (HC2 Holdings, Inc.)

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