Common use of Termination Upon Event of Default Clause in Contracts

Termination Upon Event of Default. If the Lender Group terminates this Agreement upon the occurrence of an Event of Default prior to the Maturity Date, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of the Lender Group's lost profits as a result thereof, Borrower shall pay, in addition to all other Obligations due hereunder, to Agent (for the ratable benefit of the Lender Group) upon the effective date of such termination, a premium in an amount equal to the Early Termination Premium. The Early Termination Premium shall be presumed to be the amount of damages sustained by the Lender Group as the result of the early termination and Borrower agrees that it is reasonable under the circumstances currently existing. The Early Termination Premium provided for in this Section 3.7 shall be deemed included in the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Franks Nursery & Crafts Inc)

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Termination Upon Event of Default. If the Lender Group terminates this Agreement upon the occurrence and during the continuation of an Event of Default prior which Agent has reasonably determined to the Maturity Datebe been caused intentionally by a Borrower, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of the Lender Group's lost profits as a result thereof, Borrower Borrowers shall pay, in addition to all other Obligations due hereunder, pay to Agent (for the ratable benefit of the Lender Group) upon the effective date of such termination, a premium in an amount equal to the Early Termination Premium. The Early Termination Premium shall be presumed to be the amount of damages sustained by the Lender Group as the result of the early termination and Borrower agrees Borrowers agree that it is reasonable under the circumstances currently existing. The Early Termination Premium provided for in this Section 3.7 shall be deemed included in the Obligations.. -----------

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

Termination Upon Event of Default. If the Lender Group terminates this Agreement upon the occurrence of an Event of Default prior to the Maturity DateDefault, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of the Lender Group's lost profits as a result thereof, Borrower shall pay, in addition to all other Obligations due hereunder, pay to Agent (for the ratable benefit of the Lender Group) upon the effective date of such termination, a premium in an amount equal to the Two Hundred Thirty Seven Thousand Five Hundred Dollars ($237,500)(the "Early Termination Premium"). The Early Termination Premium shall be presumed to be the amount of damages sustained by the Lender Group as the result of the early termination and Borrower agrees that it is reasonable under the circumstances currently existing. The Early Termination Premium provided for in this Section 3.7 shall be deemed included in the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Areawide Cellular Inc)

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Termination Upon Event of Default. If the Lender Group terminates this Agreement upon the occurrence and during the continuation of an Event of Default prior which Agent has reasonably determined to the Maturity Datebe been caused intentionally by a Borrower, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of the Lender Group's ’s lost profits as a result thereof, Borrower Borrowers shall pay, in addition to all other Obligations due hereunder, pay to Agent (for the ratable benefit of the Lender Group) upon the effective date of such termination, a premium in an amount equal to the Early Termination Premium. The Early Termination Premium shall be presumed to be the amount of damages sustained by the Lender Group as the result of the early termination and Borrower agrees Borrowers agree that it is reasonable under the circumstances currently existing. The Early Termination Premium provided for in this Section 3.7 3.7, shall be deemed included in the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

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