Waiver of Termination Fees. The Borrower will not be required to pay the termination fees otherwise due under subsection (e) if such termination is made because of refinancing by an affiliate of the Lender.
Waiver of Termination Fees. Advisor hereby irrevocably and unconditionally relinquishes and waives any and all fees or compensation payable to Advisor in connection with the termination of the REIT I Advisory Agreement or the Merger. For the avoidance of doubt, none of the fees contemplated by Section 13.3 of the REIT I Advisory Agreement nor any other payment not contemplated by this Agreement (including, but not limited to, any Disposition Fees, as such term is defined in the REIT I Advisory Agreement) shall be payable in connection with the termination of the REIT I Advisory Agreement or the Merger.
Waiver of Termination Fees. The Borrower will not be required to pay the termination fees otherwise due under subsection (e) if such termination is made because of refinancing by an affiliate of Xxxxx Fargo.
Waiver of Termination Fees. Effective upon the respective termination date of each of the Exhibit A Hotel Franchise Agreements terminated pursuant to Section 3.1.1 or 3.1.2 hereof, Marriott hereby waives any right to receive any liquidated damages or termination fees payable to it pursuant to the terms of such Exhibit A Hotel Franchise Agreements (or the related owner's agreements) as a result of such termination. Additionally, the parties agree as follows:
Waiver of Termination Fees. The Borrower will be excused from the payment of termination fees otherwise due under Section 2.6(g) if such termination is made (i) because of refinancing through another division of the Lender after March 2, 2008, (ii) so long as no Default Period is then in existence, within sixty (60) days of the Lender establishing an aggregate Borrowing Base Reserve in excess of $100,000 or (iii) so long as no Default Period is then in existence, within sixty (60) days of the Lender designating the required amounts of new covenants, in accordance with Section 6.2(j), at levels that are more restrictive than the covenants that were previously established for the Borrower.”
Waiver of Termination Fees. The Borrower will not be required to pay the termination and line reduction fees otherwise due under this Section 2.7 if such termination or line reduction is made because of increased cash flow generated from the Borrower’s operations or refinancing by an Affiliate of the Lender.
Waiver of Termination Fees. The Borrower, at Lender’s discretion, will be excused from the payment of termination fees otherwise due under 0 if such termination is made because of refinancing of the Borrower in full through Xxxxx Fargo Bank. The Borrower will be excused from the payment of termination fees otherwise due under 0 if such termination or line reduction is made within 90 days of notice by the Borrower to the Lender that a Discretionary Reduction Date has occurred (which notice must be given no more than ten (10) days following such Discretionary Reduction Date), so long as (A) such Discretionary Reduction Date has in fact occurred and (B) the Lender has not within ten (10) days of such notice taken action to cure the occurrence (which cure shall be implemented on an ongoing basis in good faith) of such Discretionary Reduction Date.
Waiver of Termination Fees. The Borrowers will not be required to pay the termination fees otherwise due under Section 2.5(d) if (a) such termination is made because of refinancing of the Borrowers in full by an affiliate of the Lender or (b) such termination is made within 90 days after a demand for payment of increased costs pursuant to Section 2.3.
Waiver of Termination Fees. The Borrower will not be required to pay the termination fees otherwise due under subsection (c) if (i) such termination is made because of refinancing of the Credit Facility with Lender or an Affiliate of the Lender, or (ii) the Credit Facility is refinanced within 90 days after a request by the Lender for compensation under Section 2.3.
Waiver of Termination Fees. The Borrower will not be required to pay the line reduction or termination fees otherwise due under this Section 2.14 if:
