Termination Premium. 75 ARTICLE XII LIMITED RECOURSE .................................................................................... 75 Section 12.01 Non-Recourse Loan......................................................... 75
Termination Premium. On the Termination Premium Payment Date, Lessee shall pay to Trustee the Termination Premium.
Termination Premium. If this Agreement is terminated at any time prior to March 31, 2002, Borrowers shall be obligated to pay Lender a termination premium of $375,000 (the "Termination Premium"). The Termination Premium will also be due and payable in connection with any termination of this Agreement by Lender or by or on behalf of Borrower(s), whether voluntary or involuntary, including upon an Event of Default which is not timely cured, and including in connection with termination of this Agreement or payment of the Obligations by any trustee or debtor-in-possession in any Insolvency Proceeding. The Termination Premium is presumed to be a reasonable estimate of the amount of damages sustained by Lender as a result of the early termination of this Agreement and Borrowers agree that such amount is reasonable under the circumstances currently existing. Notwithstanding the foregoing, no Termination Premium shall be payable in connection with payments made from insurance proceeds resulting from a casualty loss or payments from condemnation proceeds.
Termination Premium. Section 3.4 is amended and restated as follows: If this Agreement is terminated or all Obligations are paid in full prior to October 31, 2008, Borrower shall be obligated to pay Lender a termination premium equal to the following (the “Termination Premium”):
(a) 1% of the sum of the Advance Limit if terminated before November 1, 2006; and
(b) 0.5% of the Advance Limit if terminated after October 31, 2006 but before November 1, 2007; and
(c) 0.25% of the Advance Limit if terminated after October 31, 2007 but other than on October 31, 2008. The Termination Premium will also be due and payable in connection with any termination of this Agreement pursuant to Section 9.6 below and in connection with termination of this Agreement by Lender upon an Event of Default or by or on behalf of Borrower, whether voluntary or involuntary, including upon an Event of Default which is not timely cured within any applicable cure period, and including in connection with termination of this Agreement or payment of the Obligations by any trustee or debtor-in-possession in any Insolvency Proceeding. The Termination Premium is presumed to be a reasonable estimate of the amount of damages sustained by Lender as a result of the early termination of this Agreement and Borrowers agree that such amount is reasonable under the circumstances currently existing.
Termination Premium. If this Agreement is terminated at any time prior to the expiration of the Term, Borrowers shall be obligated to pay Lender a termination premium equal to the following (the “Termination Premium”):
(a) 2% of the Advance Limit if terminated before November 1, 2005.
(b) 1% of the Advance Limit if terminated after October 31, 2005 but before November 1, 2006.
(c) 5% of the Advance Limit if terminated after October 31, 2006 but before October 31, 2007. The Termination Premium will also be due and payable in connection with any termination of this Agreement pursuant to Section 9.6 below and in connection with termination of this Agreement by Lender upon an Event of Default or by or on behalf of Borrower, whether voluntary or involuntary, including upon an Event of Default which is not timely cured within any applicable cure period, and including in connection with termination of this Agreement or payment of the Obligations by any trustee or debtor-in-possession in any Insolvency Proceeding. The Termination Premium is presumed to be a reasonable estimate of the amount of damages sustained by Lender as a result of the early termination of this Agreement and Borrowers agree that such amount is reasonable under the circumstances currently existing.
Termination Premium. Upon execution of this Partial Lease Termination Agreement, Tenant shall pay to Landlord a Termination Premium in the amount of the sum of (i) Twenty Four Thousand Nine Hundred Eighty One and 55/100 Dollars ($24,981.55) [8,399 r.s.f./10,445 r.s.f. × $1,859.19 / month × 16.71 months], plus (ii) Fifty Nine and 97/100 Dollars ($59.97) [$1,859.19 per month / 31 days] per day for each day that the Original Premises Termination Date precedes April 1, 2000.
Termination Premium. Upon execution of this Partial Lease Termination Agreement II, Tenant shall pay to Landlord a Termination Premium in the amount of Six Thousand Eighty Five and 52/100 Dollars ($6,085.52) [2,046 r.s.f./10,445 r.s.f. × $1,859.19 / month × 16.71 months].
Termination Premium. Payments to Bank; Credit to Obligations........................................................20 2.14
Termination Premium. Borrower shall, simultaneously with the termination of the Revolving Credit, pay to Bank a termination premium (the "Termination Premium") as follows:
2.12.1 If termination occurs during the period commencing on the date hereof and ending on the first anniversary of the Closing, the Termination Premium payable to Bank shall be the greater of two (2%) percent of the Credit Facility (if Bank has increased the Credit Facility) or One Hundred Seventy-Nine Thousand Two Hundred ($179,200.00) Dollars;
2.12.2 If termination occurs during the period commencing one year and one day after the Closing and ending on the second anniversary of the Closing, the Termination Premium payable to Bank shall be the greater of one (1%) percent of the Credit Facility (if Bank has increased the Credit Facility) or Eighty-Nine Thousand Six Hundred ($89,600.00) Dollars; and
2.12.3 If termination occurs at any time after the second anniversary of this Agreement, no Termination Premium shall be payable. For the purposes of this Agreement, a "termination" of the Revolving Credit shall be deemed to have occurred at such time as Borrower refinances the Obligations with a third Person or Persons, sells or otherwise disposes of all or substantially all of its Assets (in a single transaction or in a series of related transactions or otherwise outside the ordinary course of Borrower's business), raises capital through an equity offering, the proceeds of which are used to pay the Obligations, and terminates any right to loans, advances and extensions of credit hereunder, or suffers to occur or permits to exist an Event of Default and an acceleration of the Obligations.
Termination Premium. If this Agreement is terminated (including by application of SECTION 9.6) at any time prior to the expiration of the Initial Term voluntarily by Parent or by Lender upon the occurrence of an Event of Default that is not timely cured, Borrowers shall be obligated to pay Lender a termination premium equal to the following (the "TERMINATION PREMIUM"):
(a) 1% of the Revolving Advance Limit if terminated before September 30, 2003;
(b) one-half percent (0.50%) of the Revolving Advance Limit if terminated after September 30, 2003 but before October 1, 2004; and
(c) zero after October 1,
