Tranche B Early Termination Fee Sample Clauses

Tranche B Early Termination Fee. If the Borrowers prepay the Tranche B Loan in whole or in part prior to the first anniversary of the Closing Date, then, in view of the impracticality and extreme difficulty of ascertaining the actual amount of damages to any of the Tranche B Lenders or profits lost by any of the Tranche B Lenders as a result thereof, and by mutual agreement of the parties as to a reasonable estimation and calculation of the lost profits or damages of any Tranche B Lender, the Borrowers shall pay a premium with respect to each such prepayment (the “Tranche B Early Termination Fee”) in an amount equal to the greater of (x) the Yield Revenue less the aggregate amount of any Tranche B Lender Fees less any Tranche B Interest actually paid by the Borrowers during the period from the Closing Date through the first anniversary of the Closing Date (in the event of any partial prepayment hereunder, such prepayments shall be applied to this clause (x) on a pro rata basis) and (y) one and one half percent (1 ½%) of the aggregate amount of any prepayments of the Tranche B Term Loans; provided, however, that the first $3,000,000 prepaid in the Borrowers’ ordinary course of business (that is, not on account of any Default, Event of Default or any of the Tranche B Term Lenders exercising any rights or remedies hereunder) shall not be subject to the Tranche B Early Termination Fee.
Sample 1
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Tranche B Early Termination Fee. If Administrative Borrower has sent a notice of termination pursuant to the provisions of this Section 3.5, then the Commitments shall terminate and Borrowers shall be obligated to repay the Obligations (including (a) either (i) providing cash collateral to be held by Agent for the benefit of those Revolving Credit Lenders with a Revolving Credit Commitment in an amount equal to 105% of the then extant Letter of Credit Usage or such increased amount described above, or (ii) causing the original Letters of Credit to be returned to the Issuing Lender and (b) providing cash collateral to be held by the Agent for the benefit of Xxxxx Fargo or its Affiliates with respect to the then extant Obligations with respect to Bank Products, in full, together with, to the extent due, the Revolving Credit Lenders Prepayment Premium and the Tranche B Early Termination Fee, on the date set forth as the date of termination of this Agreement in such notice). In the event of the termination of this Agreement and repayment of the Obligations at any time prior to the Termination Date, for any other reason, including, subject to Section 10.1, (a) termination upon the election of the Required Revolving Credit Lenders or Required Tranche B Lenders, as applicable, to terminate after the occurrence of an Event of Default, (b) foreclosure and sale of Collateral, (c) sale of the Collateral, or (d) confirmation of a Reorganization Plan, then, in view of the impracticability and extreme difficulty of ascertaining the actual amount of damages to the Lender Group or profits lost by the Lender Group as a result of such early termination, and by mutual agreement of the parties as to a reasonable estimation and calculation of the lost profits or damages of the Lender Group, Borrowers shall pay the Revolving Credit Lenders Prepayment Premium to Agent (to be allocated based upon letter agreements between Agent and individual Revolving Credit Lenders) and the Tranche B Early Termination Fee, pro rata, to the Tranche B Lenders, measured as of the date of such termination.
Sample 1

Related to Tranche B Early Termination Fee

  • Early Termination Fee In the event that the Funds terminate this Agreement prior to the five (5) year anniversary of the Effective Date (the “Anniversary Date”), other than due to the Transfer Agent’s bankruptcy under Section 12.6, or for cause under Section 12.7, or under Section 4.2 in the event the Transfer Agent ceases to be a registered transfer agent under the 1934 Act, or under Section 4.9 in the event the Transfer Agent violates clauses (a) or (b) of that Section, the Funds shall pay to the Transfer Agent an early termination fee (the “Early Termination Fee”), the amount of which shall be determined as follows:

  • Payment upon Early Termination (a) Within three (3) calendar days after an Early Termination Effective Date, the Corporate Taxpayer shall pay to each TRA Party an amount equal to the Early Termination Payment in respect of such TRA Party. Such payment shall be made by wire transfer of immediately available funds to a bank account or accounts designated by such TRA Party or as otherwise agreed by the Corporate Taxpayer and such TRA Party or, in the absence of such designation or agreement, by check mailed to the last mailing address provided by such TRA Party to the Corporate Taxpayer.

  • Early Termination Benefit If Early Termination occurs, the Bank shall distribute to the Executive the benefit described in this Section 2.2 in lieu of any other benefit under this Article.

  • Expenses; Termination Fee (a) Except as set forth in this Section 8.3, all fees and expenses incurred in connection with this Agreement and the Transactions shall be paid by the Party incurring such expenses, whether or not the Offer and Merger are consummated.

  • Company Termination Fee (a) If this Agreement is terminated (i) by Parent pursuant to Section 8.4(a) (Company Change in Recommendation) or (ii) by the Company pursuant to Section 8.3(c) (Termination for Superior Proposal), then the Company shall, within two (2) Business Days after such termination in the case of clause (i) or concurrently with such termination in the case of clause (ii), pay Parent a fee equal to $356,000,000 (the “Company Termination Fee”) less any amount of Parent Expenses previously paid by the Company.

  • ISDA Early Termination Date Party A has the right to designate an Early Termination Date pursuant to Section 6 of the Agreement;

  • Automatic Early Termination The "Automatic Early Termination" provision of Section 6(a) will not apply to Party A or Party B.

  • Termination Fee (a) In the event that:

  • Parent Termination Fee (a) If this Agreement is terminated by the Company pursuant to Section 8.3(a) (Parent Change in Recommendation) then Parent shall, within two (2) Business Days after such termination pay the Company a fee equal to $356,000,000 (the “Parent Termination Fee”) less any amount of Company Expenses previously paid by Parent. In no event shall Parent be required to pay the Parent Termination Fee or the Company Expenses on more than one occasion.

  • Early Termination In the absence of any material breach of this Agreement, should the Trust elect to terminate this Agreement prior to the end of the term, the Trust agrees to pay the following fees:

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