Common use of Termination of Facility Clause in Contracts

Termination of Facility. The Borrower may terminate this Agreement upon at least ten (10) Business Days' notice to the Agent and the Lenders, upon (a) the payment in full of all outstanding Revolving Loans, together with accrued interest thereon, and the cancellation of all outstanding Letters of Credit, (b) the payment of the early termination fee set forth in the next sentence, (c) the payment in full in cash of all other outstanding monetary Obligations together with accrued interest thereon, if any, and (d) with respect to any LIBOR Revolving Loans prepaid in connection with such termination prior to the expiration date of the Interest Period applicable thereto, the payment of the amounts described in Section 5.4. If this Agreement is terminated at any time prior to the Stated Termination Date, whether pursuant to this Section or pursuant to Section 11.2, the Borrower shall pay to the Agent, for the account of the Lenders, an early termination fee determined in accordance with the following table: PERIOD DURING WHICH EARLY EARLY TERMINATION FEE TERMINATION OCCURS --------------------- ------------------ On or prior to the first Anniversary Date $2,700,000 After the first Anniversary Date but on or prior to $1,350,000 the second Anniversary Date After the second Anniversary Date 0 provided that in the event this Agreement is refinanced pursuant to a credit agreement under which BABC or an Affiliate of BABC is the agent or the sole lender, then no early termination fee shall be payable hereunder.

Termination of Facility. The Borrower Parent may terminate this Agreement upon at least ten thirty (1030) Business Days' notice to the Agent and the Lenders, upon (a) the payment in full of all outstanding Revolving Loans, together with accrued interest thereon, and the cancellation and return of all outstanding Letters of Credit, (b) the payment of the early termination fee set forth in the next sentence, (c) the payment in full in cash of all other outstanding monetary Obligations together with accrued and unpaid interest thereon, if any, and (d) with respect to any LIBOR Revolving Rate Loans prepaid in connection with such termination prior to the expiration date of the Interest Period applicable thereto, the payment of the amounts described in Section 5.4. If this Agreement is terminated at any time prior to the Stated Termination Second Anniversary Date, whether pursuant to this Section or pursuant to Section 11.2, the Borrower Borrowers shall pay to the Agent, for the account of the Lenders, an early termination fee determined in accordance with the following table: PERIOD DURING WHICH EARLY EARLY TERMINATION FEE TERMINATION OCCURS --------------------- ------------------ Period during which early termination Early Termination occurs Fee On or prior to the first second 1.0% of the average Loans and Letters of Credit Anniversary Date $2,700,000 After outstanding during the 180 days (or lesser period if within 180 days of the Closing Date) prior to the date of termination provided, however, that the early termination fee described in this Section 4.2 shall not be payable in the event that: (i) at any time after the first Anniversary Date but on or prior to $1,350,000 the second Anniversary Date After the second Anniversary Date 0 provided that in the event Borrowers terminate this Agreement is refinanced pursuant to and pay all Obligations utilizing either the proceeds of a credit agreement under which BABC facility agented by the Bank or an Affiliate any of BABC is the agent its Affiliates or the sole lenderproceeds of a debt or equity issuance that is arranged by the Bank or any of the Bank's Affiliates; or (ii) such termination occurs within 60 days of the exercise by the Agent of its discretion to institute a reserve against Availability of a type not already specified, then no early termination fee shall be payable hereunderor to make ineligible any category of previously Eligible Accounts or Eligible Inventory, which in any such case results in Availability being less than $0.

Termination of Facility. The Borrower may terminate this Agreement upon at least ten thirty (1030) Business Days' notice to the Agent and the Lenders, upon (a) the payment in full of all outstanding Revolving Loans, together with accrued interest thereon, and the cancellation of all outstanding Letters of Credit, (b) the payment of the early termination fee set forth in the next sentence, (c) the payment in full in cash of all other outstanding monetary Obligations together with accrued interest thereon, if any, and (d) with respect to any LIBOR Revolving Rate Loans prepaid in connection with such termination prior to the expiration date of the Interest Period applicable thereto, the payment of the amounts described in Section 5.4. If this Agreement is terminated at any time prior to the Stated Termination Date, whether pursuant to this Section or pursuant to Section 11.2, the Borrower shall pay to the Agent, for the account of the Lenders, an early termination fee determined in accordance with the following table: PERIOD DURING WHICH EARLY EARLY TERMINATION FEE TERMINATION OCCURS --------------------- ------------------ Period during which early Early Termination Fee termination occurs On or prior to the first $700,000 Anniversary Date $2,700,000 After the first Anniversary $350,000 Date but on or prior to $1,350,000 the second Anniversary Date After the second Anniversary $175,000 Date 0 provided but on or prior to the Stated Termination Date provided, however, that the early termination fee described in this Section 4.2 shall not be payable in the event the Borrower terminates this Agreement is refinanced pursuant to and pays all Obligations utilizing the proceeds of a credit agreement under which BABC facility agented by Bank of America or an Affiliate of BABC is the agent or the sole lenderBankAmerica Business Credit, then no early termination fee shall be payable hereunder.Inc.

Termination of Facility. The Borrower may terminate this Agreement upon at least ten (10) Business Days' notice to the Agent and the Lenders, upon (a) the payment in full of all outstanding Revolving Loans, together with accrued interest thereon, and the cancellation and return of all outstanding Letters of Credit, (b) the payment of the early termination fee set forth in the next sentencebelow, (c) the payment in full in cash of all reimbursable expenses and other outstanding monetary Obligations together with accrued interest thereon, if anyObligations, and (d) with respect to any LIBOR Revolving Rate Loans prepaid in connection with such termination prior to the expiration date of the Interest Period applicable theretoprepaid, the payment of the amounts described in due under Section 5.44.4, if any. If this Agreement is terminated at any time prior to the Stated Termination Date, whether pursuant to this Section or pursuant to Section 11.29.2, the Borrower shall shall, in addition to the foregoing, pay to the Agent, for the account of the Lenders, an early termination fee determined in accordance with the following table: PERIOD DURING WHICH EARLY EARLY TERMINATION FEE TERMINATION OCCURS --------------------- ------------------ FEE On or prior to the first 1% of the Maximum Anniversary Date $2,700,000 Revolver Amount After the first Anniversary 0.5% of the Maximum Date but on or prior to $1,350,000 the Revolver Amount second Anniversary Date After the second 0.25% of the Maximum Anniversary Date 0 provided that in but prior Revolver Amount to the event this Agreement is refinanced pursuant to a credit agreement under which BABC or an Affiliate of BABC is the agent or the sole lender, then no early termination fee shall be payable hereunder.third Anniversary Date The Third Anniversary Date None and thereafter

Termination of Facility. The Borrower may terminate this Agreement upon at least ten (10) Business Days' notice to the Agent and the Lenders, upon (ai) the payment in full of all outstanding Revolving Loans, together with accrued interest thereon, and the cancellation of all outstanding Letters of Credit, (bii) the payment of the early termination fee set forth in the next sentence, (ciii) the payment in full in cash of all other outstanding monetary Obligations together with accrued interest thereon, if any, and (div) with respect to any LIBOR Revolving Rate Loans prepaid in connection with such termination prior to the expiration date of the Interest Period applicable thereto, the payment of the amounts described in Section 5.4. If this Agreement is terminated at any time prior to the Stated Termination Date, whether pursuant to this Section or pursuant to Section 11.2, the Borrower shall pay to the Agent, for the account of the Lenders, an early termination fee determined in accordance with the following table: PERIOD DURING WHICH EARLY TERMINATION OCCURS EARLY TERMINATION FEE TERMINATION OCCURS ------------------- --------------------- ------------------ On or prior to the first 1.00% of the Commitments. Anniversary Date $2,700,000 After the first Anniversary 0.50% of the Commitments. Date but on or prior to $1,350,000 the second Anniversary Date Date. After the second Anniversary 0.25% of the Commitments; Date 0 provided but on or prior to the third Anniversary Date. ;provided, however, that the Borrower shall not be required to pay any fee pursuant to this Section 4.2, in the event this Agreement that such termination is refinanced pursuant related to a credit agreement under which the refinancing of the Obligations by BABC or an Affiliate any of BABC is the agent or the sole lender, then no early termination fee shall be payable hereunderits Affiliates.

Termination of Facility. The Borrower may terminate this Agreement upon at least ten thirty (1030) Business Days' notice to the Agent and the Lenders, upon (a) the payment in full of all outstanding Revolving Loans, together with accrued interest thereon, and the cancellation of all outstanding Letters of Credit, (b) the payment of the early termination fee set forth in the next sentence, (c) the payment in full in cash of all other outstanding monetary Obligations together with accrued interest thereon, if any, and (d) with respect to any LIBOR Revolving Rate Loans prepaid in connection with such termination prior to the expiration date of the Interest Period applicable thereto, the payment of the amounts described in Section 5.4. If this Agreement is terminated at any time prior to the Stated Termination Date, whether pursuant to this Section or pursuant to Section 11.2, the Borrower shall pay to the Agent, for the account of the Lenders, an early termination fee determined in accordance with the following table: PERIOD DURING WHICH EARLY EARLY TERMINATION FEE TERMINATION OCCURS --------------------- ------------------ Period during which early termination occurs Early Termination Fee On or prior to the first Anniversary Date $2,700,000 550,000 After the first Anniversary Date but on or prior to $1,350,000 the second Anniversary Date $275,000 After the second Anniversary Date 0 provided but on or prior to the Stated Termination Date $137,000 provided, however, that the early termination fee described in this Section 4.2 shall not be payable in the event the Borrower terminates this Agreement is refinanced pursuant to and pays all Obligations utilizing the proceeds of a credit agreement under which BABC facility agented by Bank of America or an Affiliate of BABC is the agent or the sole lenderBankAmerica Business Credit, then no early termination fee shall be payable hereunder.Inc.

Termination of Facility. The Borrower may terminate this Agreement upon at least ten (10) Business Days' notice to the Agent and the Lenders, upon (a) the payment in full of all outstanding Revolving Loans, together with accrued interest thereon, and the cancellation and return of all outstanding Letters of Credit, (b) the prepayment in full of the Term Loans, together with accrued interest thereon, (c) the payment of the early termination fee set forth in the next sentence, (cd) the payment in full in cash of all other outstanding monetary Obligations together with accrued interest thereon, if any, and (de) with respect to any LIBOR Revolving Rate Loans prepaid in connection with such termination prior to the expiration date of the Interest Period applicable thereto, the payment of the amounts described in Section 5.4. If this Agreement is terminated at any time prior to the Stated Termination Date, whether pursuant to this Section or pursuant to Section 11.2, the Borrower shall pay to the Agent, for the account of the Lenders, an early termination fee determined in accordance with the following table: PERIOD DURING WHICH EARLY EARLY TERMINATION FEE TERMINATION OCCURS Period during which early Early Termination Fee termination occurs ------------------------- --------------------- ------------------ On or prior Prior to the first Anniversary Date $2,700,000 After 1,175,000 On or after the first Anniversary Date but on or prior to $1,350,000 587,500 the second third Anniversary Date After On or after the second third Anniversary Date 0 provided that in the event this Agreement is refinanced pursuant to a credit agreement under which BABC or an Affiliate of BABC is the agent or the sole lender, then no early termination fee shall be payable hereunder.$0

Termination of Facility. The Borrower Borrowers may terminate this Agreement ----------------------- upon at least ten thirty (1030) Business Days' notice to the Agent and the Lenders, upon (a) the payment in full of all outstanding Revolving Loans, together with accrued interest thereonthereon and all other Obligations, and the cancellation and return of all outstanding Letters of Credit, (b) the payment of the early termination fee set forth in the next sentence, (c) the payment in full in cash of all other outstanding monetary Obligations together with accrued interest thereon, if any, and (d) with respect to any LIBOR Revolving Rate Loans prepaid in connection with such termination prior to the expiration date of the Interest Period applicable thereto, the payment of the amounts described in Section 5.4. If this Agreement is terminated ----------- at any time prior to the Stated Termination second Anniversary Date, whether pursuant to this Section or pursuant to Section 11.2, the Borrower Borrowers shall pay to the Agent, for ------------ the account of the Lenders, an early termination fee determined in accordance with the following table: PERIOD DURING WHICH EARLY EARLY TERMINATION FEE TERMINATION OCCURS 44 Period during which early termination occurs Early Termination Fee ---------------------------------------------- --------------------- ------------------ On or prior to the first Anniversary Date $2,700,000 1% of the Total Facility After the first Anniversary Date but on or prior to $1,350,000 the second Anniversary Date After .5% of the second Anniversary Date 0 provided Total Facility provided, however, that the early termination fee described in this Section 4.2 -------- ------- ----------- shall not be payable in the event the Borrowers terminate this Agreement is refinanced pursuant to and pay all Obligations utilizing the proceeds of a credit agreement under which BABC or an Affiliate of BABC is facility agented by the agent or the sole lender, then no early termination fee shall be payable hereunderBank.

Termination of Facility. The Borrower Borrowers may terminate this Agreement upon at least ten (10) Business Days' notice to the Agent and the LendersLender, upon (a) the payment in full of all outstanding Revolving Loans, together with accrued interest thereon, and the cancellation and return of all outstanding Letters of CreditCredit or, with the Lender's consent, the posting of Cash Collateral or Supporting Letters of Credit with respect thereto in accordance with Section 1.3(g), (b) the payment of the early termination fee set forth in the next sentencebelow, and (c) the payment in full in cash of all reimbursable expenses and other outstanding monetary Obligations together with accrued interest thereonObligations, if any, and (d) with respect including amounts required to any LIBOR Revolving Loans prepaid in connection with such termination prior be paid pursuant to the expiration date of the Interest Period applicable thereto, the payment of the amounts described in Section 5.44.3. If this Agreement is terminated at any time prior to the Stated Termination Date, whether pursuant to this Section or pursuant to Section 11.210.2, the Borrower Borrowers shall pay to the Agent, for the account of the Lenders, Lender an early termination fee determined in accordance with the following table: PERIOD DURING WHICH EARLY TERMINATION EARLY TERMINATION FEE TERMINATION OCCURS --------------------- ------------------ ------------------- ----------------- On or prior to the first Anniversary 1.5% of the Total Facility Date $2,700,000 After the first Anniversary Date but 1.0% of the Total Facility on or prior to $1,350,000 the second Anniversary Date After the second Anniversary Date 0 provided that 0.0% of the Total Facility but prior to the Stated Termination Date Notwithstanding the foregoing, in the event this Agreement is refinanced pursuant to the Borrowers refinance the Total Facility with a credit agreement under which BABC or an Affiliate of BABC is facility provided by the agent or Lender, the sole lender, then no early termination fee shall not be payable hereunderdue or payable.

Termination of Facility. The Borrower may terminate this Agreement upon at least ten three (103) Business Days' joint notice to the Agent and the Lenders, upon (a) the payment in full of all outstanding Revolving Loans, together with accrued interest thereon, and the cancellation of all outstanding Letters of CreditCredit (or delivery to the Agent of cash collateral therefor as required by Section 2.3(j)), (b) the payment of the early termination fee set forth in the next sentence, (c) the payment in full in cash of all other outstanding monetary Obligations together with accrued interest thereon, if any, and (d) with respect to any LIBOR Revolving Rate Loans prepaid in connection with such termination prior to the expiration date of the Interest Period applicable thereto, the payment of the amounts described in Section 5.4. If this Agreement is terminated at any time on or prior to the Stated Termination fourth Anniversary Date, whether pursuant to this Section or pursuant to Section 11.2, the Borrower shall pay to the Agent, for the account of the Lenders, an early termination fee determined in accordance with the following table: PERIOD DURING WHICH EARLY EARLY TERMINATION FEE TERMINATION OCCURS Period during which early termination occurs Early Termination Fee ------------------------ --------------------- ------------------ On or prior to the first 0.50% of the Total Anniversary Date $2,700,000 Facility After the first Anniversary Date but on or prior to $1,350,000 the second 0.25% of the Total fourth Anniversary Date After the second Anniversary Date 0 provided that in the event this Agreement is refinanced pursuant to a credit agreement under which BABC or an Affiliate of BABC is the agent or the sole lender, then no early termination fee shall be payable hereunder.Facility

Termination of Facility. The Effective from and after the Loan Availability Date, the Borrower may terminate this Agreement upon at least ten fifteen (1015) Business Days' ’ notice to the Agent and the Lenders, upon (a) the payment in full of all outstanding Revolving Loans, together with accrued interest thereon, and the cancellation and return of all outstanding Letters of Credit, (b) the payment of the early termination fee set forth in the next sentence, (c) the payment in full in cash of all other outstanding monetary Obligations together with accrued interest thereon, if any, and (d) with respect to any LIBOR Revolving Rate Loans prepaid in connection with such termination prior to the expiration date of the Interest Period applicable thereto, the payment of the amounts described in Section 5.4. If this Agreement is terminated at any time prior to the Stated Termination Date, whether pursuant to this Section or pursuant to Section 11.2, the Borrower shall pay to the Agent, for the account of the Lenders, an early termination fee determined in accordance with the following table: PERIOD DURING WHICH EARLY EARLY TERMINATION FEE TERMINATION OCCURS --------------------- ------------------ On or prior to the first Anniversary Date $2,700,000 1.5% of the Maximum Revolver Amount. After the first Anniversary Date but on or prior to $1,350,000 the second Anniversary Date After 1.0% of the second Anniversary Date 0 provided Maximum Revolver Amount; provided, however, that in the event this Agreement is refinanced pursuant to terminated after the first Anniversary Date in connection with a refinancing hereof by a credit agreement under which BABC facility agented by any unit or an Affiliate division of BABC is the agent or the sole lenderBank, then no early termination fee shall be payable hereundercharged. After the second Anniversary Date but sixty (60) days prior to the Stated Termination Date 0.5% of the Maximum Revolver Amount; provided, however, that in the event this Agreement is terminated after the first Anniversary Date in connection with a refinancing hereof by a credit facility agented by any unit or division of the Bank, no early termination fee shall be charged.