Yield Maintenance Amount Clause Samples

Yield Maintenance Amount. Yield Maintenance Amount" shall mean the product obtained by multiplying (a) the difference between (i) the all in effective yield (measured as a percentage per annum) earned by Lender under this Agreement during the three (3) full calendar months immediately preceding the Termination Date minus (ii) Hell▇▇ ▇▇▇ancial Inc.'s weighted average cost of capital (measured as a percentage per annum) for the most recent publicly disclosed quarterly financial period; times (b) the average principal amount of outstanding Revolving Credit Loans for the three (3) calendar months immediately preceding the Termination Date; times

Yield Maintenance Amount. The term “Yield Maintenance Amount” means, with respect to any Note, an amount equal to the excess, if any, of the Discounted Value of the Remaining Scheduled Payments with respect to the Called Principal of such Note over the amount of such Called Principal, provided that the Yield Maintenance Amount may in no event be less than zero. For the purposes of determining the Yield Maintenance Amount, the following terms have the following meanings:

Yield Maintenance Amount. The “Yield Maintenance Amount” shall mean the present value, as of the Prepayment Date, of the remaining scheduled payments of principal and interest from the Prepayment Date through the Maturity Date (including any balloon payment) determined by discounting such payments at the Discount Rate (hereinafter defined), less the amount of principal being prepaid. The term “Discount Rate” shall mean the rate which, when compounded monthly, is equivalent to the Treasury Rate (hereinafter defined) when compounded semi-annually. The term “Treasury Rate” shall mean the yield calculated by the linear interpolation of the yields, as reported in Federal Reserve Statistical Release H.15-Selected Interest Rates under the heading U.S. Government Securities/Treasury Constant Maturities for the week ending prior to the Prepayment Date, of U.S. Treasury constant maturities with maturity dates (one longer and one shorter) most nearly approximating the Maturity Date. (In the event Release H.15 is no longer published, Lender shall select a comparable publication to determine the Treasury Rate.) Lender shall notify Borrower of the amount and the basis of determination of the required Prepayment Consideration.

Yield Maintenance Amount. The Company acknowledges and agrees that the Yield-Maintenance Amount in respect of each of the Notes shall have accrued as of August 14, 2009 in the aggregate amount of $6,841,615 which shall have been further apportioned ratably between the 2009 Notes and 2010 Notes such that the Yield-Maintenance Amount in respect of the 2009 Notes shall have been $1,703,721 and the Yield-Maintenance Amount in respect of the 2010 Notes shall have been $5,137,894. Such amounts shall have been added to and capitalized into the outstanding principal amount of the Notes and shall be treated as outstanding principal for all purposes under the Note Agreement, the Notes and this Agreement. For the avoidance of doubt, after giving effect to the provisions of this Section, no further Yield-Maintenance Amounts or Modified Yield-Maintenance Amounts shall be payable in respect of the Notes. In consideration of the foregoing, the 2009 Noteholders acknowledge and agree that they will not deliver a Put Notice to the Company pursuant to Section 4A of the Note Agreement with respect to the 2009 Notes prior to the occurrence of a Forbearance Termination Event.

Yield Maintenance Amount. For the Class 1-A-1 and Class 1-A-9 Certificates and any Distribution Date prior to and including the related Yield Maintenance Agreement Termination Date for which the one-month LIBOR, as determined in the related Yield Maintenance Agreement, exceeds the related Cap Strike Rate, an amount equal to the product of (a) the related Class Principal Balance of such Class of Certificates immediately prior to such Distribution Date, (b) the excess of (i) the lesser of (x) one-month LIBOR, as determined in the related Yield Maintenance Agreement, and (y) the related Maximum Cap Rate over (ii) the related Cap Strike Rate and (c) one-twelfth. For the Class 1-A-8 Certificates and any Distribution Date prior to and including the related Yield Maintenance Agreement Termination Date for which the one-month LIBOR, as determined in the related Yield Maintenance Agreement, exceeds the related Cap Strike Rate, an amount equal to the product of (a) the Class Principal Balance of the Class 1-A-8 Certificates immediately prior to such Distribution Date, (b) the excess of (i) one-month LIBOR, as determined in the related Yield Maintenance Agreement, and over (ii) the related Cap Strike Rate and (c) one-twelfth.

Yield Maintenance Amount. The Company acknowledges and agrees that the Yield-Maintenance Amount in respect of each of the Notes shall accrue as of the Effective Date in the aggregate amount of $6,841,615 which shall be further apportioned ratably between the 2009 Notes and 2010 Notes such that the Yield-Maintenance Amount in respect of the 2009 Notes shall be $1,703,721 and the Yield-Maintenance Amount in respect of the 2010 Notes shall be $5,137,894. Such amounts shall be added to and capitalized into the outstanding principal amount of the Notes and shall be treated as outstanding principal for all purposes under the Note Agreement, the Notes and this Agreement. For the avoidance of doubt, after the Effective Date and after giving effect to the provisions of this Section, no further Yield-Maintenance Amounts or Modified Yield-Maintenance Amounts shall be payable in respect of the Notes.

Yield Maintenance Amount