Common use of Yield Maintenance Fee Clause in Contracts

Yield Maintenance Fee. If, at any time the Borrower wishes to prepay a Revolver Portion or the Term Loan and: (i) the interest rate on the balance being prepaid is accruing at the LIBOR Rate, and (ii) Bank in its sole discretion should determine that current market conditions can accommodate such a prepayment, Borrower shall have the right at any time and from time to time to prepay the entire Revolver Portion or Term Loan in whole (but not in part), and Borrower shall pay to Bank a yield maintenance fee in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the expiration date of the applicable Interest Rate Election Period for the funds being prepaid, shall be subtracted from the "cost of funds" component of the fixed rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount being prepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining until the expiration of the applicable Interest Rate Election Period. Said amount shall be reduced to present value calculated by using the above-referenced United States Treasury security rate and the number of days remaining until the expiration of the applicable Interest Rate Election Period. The resulting amount shall be the yield maintenance fee due to Bank upon prepayment. If by reason of an Event of Default Bank elects to declare one or more of the Loans to be immediately due and payable, then any yield maintenance fee with respect to any portion of the Loans accruing at a fixed rate and declared immediately due by the Bank, shall become due and payable in the same manner as though the Borrower had exercised such right of prepayment. Any portion of the Revolver or Term Loan, accruing interest at the Floating Rate may be prepaid at any time without payment of a yield maintenance fee.

Yield Maintenance Fee. If, at any time the Borrower wishes to prepay a Revolver Portion or the Term Loan and: (i) the interest rate on the balance being prepaid any Loan is accruing at the LIBOR Ratea fixed rate, and (ii) the Bank in its sole discretion should determine that current market conditions can accommodate such a prepaymentprepayment request, the Borrower shall have the right at any time and from time to time to prepay the entire Revolver Portion or Term Loan in whole (but not in part), and the Borrower shall pay to the Bank a yield maintenance fee in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the expiration maturity date of the applicable Interest term chosen pursuant to the Fixed Rate Election Period for as to which the funds being prepaidprepayment is made, shall be subtracted from the "cost of funds" component of the fixed rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaid. The resulting amount shall be divided by 360 and multiplied by the number of the days remaining until in the expiration of term chosen pursuant to the applicable Interest Fixed Rate Election Periodas to which the prepayment is made. Said amount shall be reduced to present value calculated by using the number of days remaining in the designated term and using the above-referenced United States Treasury security rate and the number of days remaining until in the expiration of term chosen pursuant to the applicable Interest Fixed Rate Election Periodas to which the prepayment is made. The resulting amount shall be the yield maintenance fee due to the Bank upon prepaymentprepayment of the fixed rate Loan. Each reference in this paragraph to "Fixed Rate Election" shall mean the election by Borrower pursuant to Section 2.11 hereof. If by reason of an Event of Default the Bank elects to declare one or more of the Loans such Loan to be immediately due and payable, then any yield maintenance fee with respect to any portion of the Loans accruing at a fixed rate and declared immediately due by the Bank, shall become due and payable in the same manner as though the Borrower had exercised such right of prepayment. Any portion of the Revolver or Term Loan, accruing interest at the Floating Rate may be prepaid at any time without payment of a yield maintenance fee.to

Yield Maintenance Fee. If, at any time the Borrower wishes to prepay a Revolver Portion or the Term Loan and: (i) the interest rate on the balance being prepaid any Loan is accruing at the LIBOR Ratea fixed rate, and (ii) the Bank in its sole discretion should determine that current market conditions can accommodate such a prepaymentprepayment request, Borrower Borrowers shall have the right at any time and from time to time to prepay the entire Revolver Portion or Term Loan in whole (but not in part), and Borrower Borrowers shall pay to the Bank a yield maintenance fee in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the expiration maturity date of the applicable Interest term chosen pursuant to the Fixed Rate Election Period for as to which the funds being prepaidprepayment is made, shall be subtracted from the "cost of funds" component of the fixed rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaid. The resulting amount shall be divided devided by 360 and multiplied by the number of the days remaining until in the expiration of term chosen pursuant to the applicable Interest Fixed Rate Election Periodas to which the prepayment is made. Said amount shall be reduced to present value calculated by using the number of days remaining in the designated term and using the above-referenced United States Treasury security rate and the number of days remaining until in the expiration of the applicable Interest Rate Election Period. The resulting amount term chosen shall be the yield maintenance fee due to the Bank upon prepayment. If by reason of an Event of Default Bank elects to declare one or more prepayment of the Loans to be immediately due and payable, then any yield maintenance fee with respect to any portion of the Loans accruing at a fixed rate and declared immediately due Loan. Each reference in this paragraph to "Fixed Rate Election" shall mean the election by the Bank, shall become due and payable in the same manner as though the Borrower had exercised such right of prepayment. Any portion of the Revolver or Term Loan, accruing interest at the Floating Rate may be prepaid at any time without payment of a yield maintenance feeBorrowers pursuant to Section 2.11 hereof.

Yield Maintenance Fee. IfIn the event that any prepayment of the Loans is required or permitted on a date other than the last Business Day of the then current Interest Period applicable thereto, at any time then so long as such Loans have not become due and payable in accordance with the Borrower wishes to prepay a Revolver Portion or terms hereof and in the Term Loan and: (i) Other Documents, the interest rate on the balance being prepaid is accruing at the LIBOR Rate, and (ii) Bank in its sole discretion should determine that current market conditions can accommodate such a prepayment, Borrower shall have the right at any time and from time to time to prepay the entire Revolver Portion or Term Loan such in whole (but not in part), and provided that the Borrower shall pay to Bank the Lenders concurrently with such prepayment a yield maintenance fee “Yield Maintenance Fee” in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the expiration maturity date of the applicable term chosen pursuant to the Interest Rate Election Period for as to which the funds being prepaidprepayment is made, shall be subtracted from the "“cost of funds" ” component of the fixed rate Loans in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance feeYield Maintenance Fee payable. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance of the Loans being prepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining until in the expiration of term chosen pursuant to the applicable Interest Rate Election PeriodPeriod as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the number of days remaining in the designated term and using the above-referenced United States Treasury security rate and the number of days remaining until in the expiration of designated term chosen pursuant to the applicable Interest Rate Election PeriodPeriod as to which the prepayment is made. The resulting amount shall be the yield maintenance fee Yield Maintenance Fee due to Bank the Lenders upon prepaymentprepayment of the Loans. If by reason of an Event of Default Bank elects to declare one or more of the Loans to be immediately shall become due and payablepayable for any reason, then any yield maintenance fee Yield Maintenance Fee with respect to any portion of the Loans accruing at a fixed rate and declared immediately due by the Bank, thereto shall become due and payable in the same manner as though the Borrower had exercised such its right of prepayment. Any portion The Borrower recognizes that the Lenders will incur substantial additional costs and expenses including loss yield and anticipated profitability in the event of prepayment of all or part of the Revolver or Term Loan, accruing interest at Loans and that the Floating Rate may be prepaid at any time without payment of Yield Maintenance Fee compensates the Lenders for such costs and expenses. The Borrower acknowledges that the Yield Maintenance Fee is bargained for consideration and not a yield maintenance feepenalty.

Yield Maintenance Fee. If, at any time the Borrower wishes to prepay a Revolver Portion or the Term Loan and: (i) the interest rate on the balance being prepaid any Loan is accruing at the LIBOR Ratea fixed rate, and (ii) the Bank in its sole discretion should determine that current market conditions can accommodate such a prepaymentprepayment request, Borrower Borrowers shall have the right at any time and from time to time to prepay the entire Revolver Portion or Term Loan in whole (but not in part), and Borrower Borrowers shall pay to the Bank a yield maintenance fee in an amount computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the expiration maturity date of the applicable Interest term chosen pursuant to the Fixed Rate Election Period for as to which the funds being prepaidprepayment is made, shall be subtracted from the "cost of funds" component of the fixed rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no yield maintenance fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaid. The resulting amount shall be divided devided by 360 and multiplied by the number of the days remaining until in the expiration of term chosen pursuant to the applicable Interest Fixed Rate Election Periodas to which the prepayment is made. Said amount shall be reduced to present value calculated by using the number of days remaining in the designated term and using the above-referenced United States Treasury security rate and the number of days remaining until in the expiration of the applicable Interest Rate Election Period. The resulting amount term chosen shall be the yield maintenance fee due to the Bank upon prepaymentprepayment of the fixed rate Loan. Each reference in this paragraph to "Fixed Rate Election" shall mean the election by Borrowers pursuant to Section 2.11 hereof. If by reason of an Event of Default the Bank elects to declare one or more of the Loans such Loan to be immediately due and payable, then any yield maintenance fee with respect to any portion of the Loans accruing at a fixed rate and declared immediately due by the Bank, Loan shall become due and payable in the same manner as though the Borrower Borrowers had exercised such right of prepayment. Any portion of the Revolver or Term Loan, accruing interest at the Floating Rate may be prepaid at any time without payment of a yield maintenance fee.