Early Prepayment Fee means, with respect to any prepayment of all or any portion of the outstanding principal amount of the Loans on any Prepayment Date, whether pursuant to clause (a) or (b) of Section 3.03 or otherwise (including as a result of acceleration, an Insolvency Proceeding or other Event of Default), the positive difference (if any) of (i) the product of (A) the principal amount of such prepayment multiplied by (B) 1.50, less (ii) the sum of (A) the principal amount of such prepayment, plus (B) the amount of interest on such prepaid principal amount paid to the Lenders prior to such Prepayment Date, plus (C) the amount of interest on such prepaid principal amount to be paid to the Lenders on such Prepayment Date, plus (D) an amount equal to the product of (x) the total amount of the Closing Fee paid hereunder prior to such Prepayment Date multiplied by (y) a fraction (expressed as a percentage) having a numerator equal to such prepaid principal amount and a denominator equal to the aggregate original principal amount of the Loans made as of such Prepayment Date; provided that for purposes of calculating the amounts described in clauses (ii) (B) and (C) above, no portion of interest applicable to the Default Rate, whether paid or payable, shall be included in such calculation.
Early Prepayment Fee means (i) with respect to any prepayment of the Loan during the period from the Closing Date up to (and including) the first anniversary of the Closing Date, an amount equal to 5.00% of the principal amount of the Loan being prepaid, (ii) with respect to any prepayment of the Loan during the period from the day following the first anniversary of the Closing Date up to (and including) the second anniversary of the Closing Date, an amount equal to 3.00% of the principal amount of the Loan being prepaid, and (iii) with respect to any prepayment of the Loan during the period from the day following the second anniversary of the Closing Date up to (and including) the third anniversary of the Closing Date, an amount equal to 2.00% of the principal amount of the Loan being prepaid.
Early Prepayment Fee means, with respect to any repayment or prepayment (or other payment made prior to the Maturity Date) of all or any portion of the outstanding principal amount of the Loans on any Prepayment Date, whether pursuant to clause (a) or (b) of Section 3.03 or otherwise (including as a result of acceleration, an Insolvency Proceeding or other Event of Default), an amount equal to (i) for any Prepayment Date that occurs during the Non-Call Period, the applicable Make-Whole Amount and (ii) for any Prepayment Date that occurs after the first anniversary of the Closing Date but on or prior to the Maturity Date: the product of (x) the amount of any principal so prepaid, multiplied by (y) for any Prepayment Date that occurs (A) after the first anniversary of the Closing Date and on or prior to the second anniversary of the Closing Date, two percent (2.0%), (B) after the second anniversary of the Closing Date and on or prior to the third anniversary of the Closing Date, one percent (1.0%) and (C) after the third anniversary of the Closing Date, one-half percent (0.5%).
Examples of Early Prepayment Fee in a sentence
Without limiting the foregoing, whenever any prepayment of Loans is made or required to be made hereunder on or prior to the fourth anniversary of the Restatement Date, pursuant to Section 3.03(a) or Section 3.03(b)(i) or otherwise, whether voluntary, involuntary, mandatory, as a result of a Default, acceleration or otherwise, the Early Prepayment Fee shall be payable in full in cash on the applicable Prepayment Date for such prepayment.
More Definitions of Early Prepayment Fee
Early Prepayment Fee means, with respect to any prepayment (or other payment made prior to the Maturity Date) of all or any portion of the outstanding principal amount of the Loans, whether pursuant to Sections 3.01(a), 3.01(b), 3.03(a), 3.03(b) or 11.02 (including as a result of the occurrence of any Event of Default described in Section 11.01 (including Section 11.01(h))) or otherwise1, a fee equal to, for any prepayment that occurs (A) on or prior to the first anniversary of the Closing Date, ten percent (10.0%) of the principal amount so prepaid, (B) after the first anniversary of the Closing Date and on or prior to the second anniversary of the Closing Date, eight percent (8.0%) of the principal amount so prepaid, (C) after the second anniversary of the Closing Date and on or prior to the third anniversary of the Closing Date, six percent (6.0%) of the principal amount so prepaid, and (D) after the third anniversary of the Closing Date and on or prior to the fourth anniversary of the Closing Date, four percent (4.0%) of the principal amount so prepaid; provided that no Early Prepayment Fee shall be payable at any time on or after the earlier to occur of (x) the Tranche 2 Borrowing Date and (y) the fourth anniversary of the Closing Date.
Early Prepayment Fee means, with respect to any prepayment of all or any portion of the outstanding principal amount of the Loan pursuant to clause (a) or (b) of Section 3.03 on any Prepayment Date occurring (i) on or prior to the third anniversary of the Closing Date, an amount equal to six percent (6%) of the aggregate outstanding principal amount of the Loan being prepaid; and (ii) at any time after the third anniversary of the Closing Date but prior to the Maturity Date, an amount equal to four percent (4%) of the aggregate outstanding principal amount of the Loan being prepaid.
Early Prepayment Fee means, with respect to the principal amount to be prepaid (whether voluntarily pursuant to this Clause 13.1 or mandatorily pursuant to Clause 13.2 below):
Early Prepayment Fee means, with respect to any repayment or prepayment (or other payment made prior to the Scheduled Maturity Date) of all or any portion of the outstanding principal amount of the Loans on any Prepayment Date, whether pursuant to clause (a) or (b) of Section 3.03 or otherwise (including as a result of acceleration, an Insolvency Proceeding or other Event of Default), an amount equal to (i) for any Prepayment Date that occurs during the Non-Call Period, the applicable Make-Whole Amount, (ii) for any Prepayment Date that occurs after the second anniversary of the Restatement Date but on or prior to the fourth anniversary of the Restatement Date: the product of (x) the amount of any principal so prepaid, multiplied by (y) for any Prepayment Date that occurs (A) after the second anniversary of the Restatement Date and on or prior to the third anniversary of the Restatement Date, five percent (5.0%), and (B) after the third anniversary of the Restatement Date and on or prior to the fourth anniversary of the Restatement Date, three percent (3.0%), and (iii) after the fourth anniversary of the Restatement Date, zero percent (0.0%). “EEA Financial Institution” means (i) any credit institution or investment firm established in any EEA Member Country which is subject to the supervision of an EEA Resolution Authority, (ii) any entity established in an EEA Member Country which is a parent of an institution described in clause (i) of this definition, or (iii) any financial institution established in an EEA Member Country which is a subsidiary of an institution described in clauses (i) or (ii) of this definition and is subject to consolidated supervision with its parent. “EEA Member Country” means any of the member states of the European Union, Iceland, Liechtenstein, and Norway. “EEA Resolution Authority” means any public administrative authority or any person entrusted with public administrative authority of any EEA Member Country (including any delegee) having responsibility for the resolution of any EEA Financial Institution. “Eligible Transferee” means (i) any commercial bank, (ii) any insurance company, (iii) any finance company, (iv) any financial institution, (v) any investment fund that invests in loans
Early Prepayment Fee. If the Credit Facility is prepaid in whole or in part prior to the Maturity Date for any reason, an early prepayment fee based on the repayment amount shall be payable as follows: Months 1-9: Make-Whole Amount Thereafter: Open to prepayment “Make-Whole Amount” shall be defined as an amount equal to the product of: (a) the principal balance of the Credit Facility being repaid or prepaid, (b) the number of days from the date of repayment or prepayment through the first anniversary of the Closing Date, and (c) a daily rate based upon the Interest Rate per annum. No voluntary prepayment will be permitted to be made by Borrower unless it shall have first delivered 30-day advance written notice to Lender, which notice, once given, shall be irrevocable. Proceeds from the sale of collateral generally referenced as Scottsdale Canal and Hi-Lo during the Make-Whole period will be funded into a reserve account and made available to the Borrower for new loan originates. The Make-Whole shall not apply to these applicable funds in the reserve account.
Early Prepayment Fee means, with respect to any prepayment (or other payment made prior to the Maturity Date) of all or any portion of the outstanding principal amount of the Loans, whether pursuant to Sections 3.01(a), 3.01(b), 3.03(a), 3.03(b) or 11.02 (including as a result of the occurrence of any Event of Default described in Section 11.01 (including Section 11.01(h))) or otherwise1, a fee equal to, for any prepayment that occurs (A) on or prior to the first anniversary of the Closing Date, ten percent (10.0%) of the principal amount so prepaid, (B) after the first anniversary of the Closing Date and on or prior to the second anniversary of the Closing Date, eight percent (8.0%) of the principal amount so prepaid, (C) after the second anniversary of the Closing Date and on or prior to the third anniversary of the Closing Date, six percent (6.0%) of the principal amount so prepaid, and (D) after the third anniversary of the Closing Date and on or prior to the fourth anniversary of the Closing Date, four percent (4.0%) of the principal amount so prepaid; provided that no Early Prepayment Fee shall be payable at any time on or after the earlier to occur of (x) the Tranche 2 Borrowing Date and (y) the fourth anniversary of the Closing Date. 1 NTD: Revision is consistent with language in Section 3.03(c).
Early Prepayment Fee means for any prepayment or repayment of Loans occurring (i) at any time on or prior to the first anniversary of the ClosingSecond Amendment Effective Date, an amount equal to seven percent (7.0%) of the aggregate outstanding principal amount of the Loans being prepaid; (ii) at any time after the first anniversary of the ClosingSecond Amendment Effective Date and on or prior to the second anniversary of the ClosingSecond Amendment Effective Date, an amount equal to three percent (3.0%) of the aggregate outstanding principal amount of the Loans being prepaid; (iii) at any time after the second anniversary of the ClosingSecond Amendment Effective Date and on or prior to the third anniversary of the ClosingSecond Amendment Effective Date, an amount equal to one percent (1.0%) of the aggregate outstanding principal amount of the Loans being prepaid; and (iv) at any time after the third anniversary of the ClosingSecond Amendment Effective Date, none.