Early Termination Premium definition

Early Termination Premium has the meaning set forth in Section 3.6.

Early Termination Premium has the meaning set forth in SECTION 3.6.

Early Termination Premium has the meaning set forth in Section ------------------------- ------- 3.

Examples of Early Termination Premium in a sentence

• The Early Termination Premium provided for in this Section 3.7 shall be deemed included in the Obligations.

• The Early Termination Premium shall be presumed to be the amount of damages sustained by Foothill as the result of the early termination and Borrower agrees that it is reasonable under the circumstances currently existing.

• If Foothill terminates this Agreement upon the occurrence of an Event of Default, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of Foothill's lost profits as a result thereof, Borrower shall pay to Foothill upon the effective date of such termination, a premium in an amount equal to the Early Termination Premium.

• The Early Termination Premium shall be presumed to be the amount of damages sustained by the Lender Group as the result of the early termination and Borrower agrees that it is reasonable under the circumstances currently existing.

• If Foothill terminates this Agreement upon the occurrence of an Event of Default, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of Foothill's lost profits as a result thereof, Borrowers shall pay to Foothill upon the effective date of such termination, a premium in an amount equal to the Early Termination Premium.

More Definitions of Early Termination Premium

Early Termination Premium means an early termination fee that the Borrower shall pay to the applicable Lenders concurrently with the repayment of Term Loans and/or reduction or termination of Revolving Credit Commitments, as applicable, payable in an amount equal to (i) 3.00% of the principal amount of the Loans paid or Revolving Credit Commitments reduced to the extent such payment or reduction occurs before the one-year anniversary of the Closing Date, (ii) 2.00% of the principal amount of the Loans paid or Revolving Credit Commitments reduced to the extent such payment or reduction occurs on or after the one-year anniversary of the Closing Date but before the two-year anniversary of the Closing Date, (iii) 1.00% of the principal amount of the Loans paid or Revolving Credit Commitments reduced to the extent such payment or reduction occurs on or after the two-year anniversary of the Closing Date but before the three-year anniversary of the Closing Date, and (iv) 0.00% of the principal amount of the Loans paid or Revolving Credit Commitments reduced to the extent such payment or reduction occurs on or after the three-year anniversary of the Closing Date.

Early Termination Premium means an amount equal to (a) the aggregate Capital Contribution of the Class A Limited Partner multiplied by (b) the difference, if any, between (i) the present value of the sum of (A) 0.00189 received quarterly on the last Business Day of each Distribution Period occurring during the period commencing on the applicable Retirement Date, Purchase Date or Termination Date, as the case may be, and ending on the then current Reset Date and (B) 0.04444 received on such Reset Date (the "Applicable Amounts"), discounted at a rate equal to the sum of (1) the bid-side yield on U.S. Treasury notes whose maturity matches or approximates the then current Reset Date and (2) 2.50% minus (ii) the present value of the Applicable Amounts, discounted at the rate of 17%.

Early Termination Premium has the meaning provided therefore in the Fee Letter.

Early Termination Premium set forth below in this Appendix.

Early Termination Premium. Is defined in Section 13-3.

Early Termination Premium has the meaning provided therefore in the Second Amendment Fee Letter.

Early Termination Premium has the meaning set forth in ------------------------- Section 3.7. ----------- "Eligible Accounts" means those Accounts (net of unapplied ----------------- cash, customer deposits, deferred maintenance, deferred revenue, xxxxxxxx pertaining to Borrower's "Enterprise Management Services", "Enterprise Network Solutions" or similar arrangements, unreconciled variances between Borrower's accounts receivable aging and Borrower's general ledger, and credits posted to Borrower's general ledger and not reflected on Borrower's accounts receivable aging) created by Borrower in the ordinary course of business, that arise out of Borrower's sale of goods or rendition of services, that strictly comply with each and all of the representations and warranties respecting Accounts made by Borrower to Agent in the Loan Documents, and that are and at all times continue to be acceptable to Agent in all respects; provided, however, that standards of --------- ------- eligibility may be fixed and revised from time to time by Agent in Agent's reasonable credit judgment. Eligible Accounts shall not include the following: