Common use of Yield Maintenance Fee Clause in Contracts

Yield Maintenance Fee. If, at any time (i) the interest rate on any Loan is a fixed rate, and (ii) the Bank in its sole discretion should determine that current market conditions can accommodate a prepayment request, the Borrower shall have the right at any time and from time to time to prepay the 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 maturity date of the term chosen pursuant to the Fixed Rate Election as to which the prepayment 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 in the term chosen pursuant to the Fixed Rate Election 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 in the term chosen pursuant to the Fixed Rate Election as to which the prepayment is made. The resulting amount shall be the yield maintenance fee due to the Bank upon prepayment 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 such Loan to be immediately due and payable, then any yield maintenance fee with respect to

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 (i) then so long as such Loans have not become due and payable in accordance with the interest rate on any Loan is a fixed rate, terms hereof and (ii) in the Bank in its sole discretion should determine that current market conditions can accommodate a prepayment requestOther Documents, the Borrower shall have the right at any time and from time to time to prepay the Loan such in whole (but not in part), and provided that the Borrower shall pay to the Bank 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 maturity date of the term chosen pursuant to the Fixed Rate Election Interest Period as to which the prepayment 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 the days remaining in the term chosen pursuant to the Fixed Rate Election Interest Period 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 in the designated term chosen pursuant to the Fixed Rate Election Interest Period as to which the prepayment is made. The resulting amount shall be the yield maintenance fee Yield Maintenance Fee due to the Bank Lenders upon prepayment 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 hereofLoans. If by reason of an Event of Default the Bank elects to declare such Loan to be immediately Loans shall become due and payablepayable for any reason, then any yield maintenance fee Yield Maintenance Fee with respect tothereto shall become due and payable in the same manner as though the Borrower had exercised its right of prepayment. 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 Loans and that the 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 penalty.

Yield Maintenance Fee. If, at any time (i) the interest rate on any Loan is a fixed rate, and (ii) the Bank in its sole discretion should determine that current market conditions can accommodate a prepayment request, the Borrower Borrowers shall have the right at any time and from time to time to prepay the Loan in whole (but not in part), and the 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 maturity date of the term chosen pursuant to the Fixed Rate Election as to which the prepayment 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 in the term chosen pursuant to the Fixed Rate Election 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 in the term chosen pursuant to the Fixed Rate Election as to which the prepayment is made. The resulting amount shall be the yield maintenance fee due to the Bank upon prepayment of the fixed rate Loan. Each reference in this paragraph to "Fixed Rate Election" shall mean the election by Borrower Borrowers pursuant to Section 2.11 hereof. If by reason of an Event of Default the Bank elects to declare such Loan to be immediately due and payable, then any yield maintenance fee with respect toto the Loan shall become due and payable in the same manner as though Borrowers had exercised such right of prepayment.

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 any Loan the balance being prepaid is a fixed rateaccruing at the LIBOR Rate, and (ii) the Bank in its sole discretion should determine that current market conditions can accommodate such a prepayment requestprepayment, 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 maturity expiration date of the term chosen pursuant to the Fixed applicable Interest Rate Election as to which Period for the prepayment is madefunds 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 of the principal balance being prepaid. The resulting amount shall be divided by 360 and multiplied by the number of the days remaining in until the term chosen pursuant to expiration of the Fixed applicable Interest Rate Election as to which the prepayment is madePeriod. 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 in until the term chosen pursuant to expiration of the Fixed applicable Interest Rate Election as to which the prepayment is madePeriod. The resulting amount shall be the yield maintenance fee due to the Bank upon prepayment 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 hereofprepayment. If by reason of an Event of Default the Bank elects to declare such Loan one or more of the Loans to be immediately due and payable, then any yield maintenance fee with respect toto 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 (i) the interest rate on any Loan is a fixed rate, and (ii) the Bank in its sole discretion should determine that current market conditions can accommodate a prepayment request, the Borrower Borrowers shall have the right at any time and from time to time to prepay the Loan in whole (but not in part), and the 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 maturity date of the term chosen pursuant to the Fixed Rate Election as to which the prepayment 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 in the term chosen pursuant to the Fixed Rate Election 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 in the term chosen pursuant to the Fixed Rate Election as to which the prepayment is made. The resulting amount shall be the yield maintenance fee due to the Bank upon prepayment of the fixed rate Loan. Each reference in this paragraph to "Fixed Rate Election" shall mean the election by Borrower Borrowers pursuant to Section 2.11 hereof. If by reason of an Event of Default the Bank elects to declare such Loan to be immediately due and payable, then any yield maintenance fee with respect to.