Exit Premium means, with respect to any prepayment or repayment of any Term Loans or Commitment reduction (whether mandatory or voluntary, and whether resulting from acceleration or otherwise) occurring at any time, a premium payable on the amount so prepaid, repaid or reduced equal to 2.0% of such amount.

Exit Premium as defined in Section 3.2.5.

Exit Premium means the premium to be paid in connection with full and final repayment of all outstanding US Convertible Term Notes in the event the US Convertible Term Notes shall not have been converted, in whole, into Conversion Shares prior to any such repayment. The aggregate amount of the Exit Premium payable shall be equal to the product of (a) $5,000,000 multiplied by (b) the quotient of (i) the aggregate principal amount drawn under the US Convertible Term Notes and not converted, prior to or at the time of such repayment, into Conversion Shares divided by (ii) $25,000,000; provided, however, in no event shall the Exit Premium exceed $5,000,000 in the aggregate.”

Examples of Exit Premium in a sentence

On the Termination Date (howsoever occurring), Borrower shall immediately repay all outstanding Loans and other Obligations, including, without limitation, all Loans, capitalized interest and fees (including the Upfront Payment) and the Exit Premium, in full in cash to effect Full Payment hereunder.
No fees or other amounts payable hereunder (including the Upfront Payment , Extension Fee, the Exit Premium, and the Monthly DIP Agent Fee) shall be refundable under any circumstances.
Borrower and the Obligors expressly acknowledge that their agreement to pay the Exit Premium hereunder is a material inducement to the Lenders to provide the DIP Facility and the Commitments, and to make the Loans and enter into this Agreement.
B Shareholders shall have the right to assign their right to any vested portion of their Exit Premium to third parties.
Loans may be prepaid from time to time, subject (other than with respect to the Initial Draw Voluntary Prepayment) to the concurrent payment, in cash, of the Exit Premium, and compliance with Section 5.3.6. Such voluntary prepayments shall be allocated as set forth in Section 5.6.2(a).

More Definitions of Exit Premium

Exit Premium means, with respect to any Term Loan or any portion thereof on any date, four percent (4.0%) of the principal amount of such Term Loan or such portion thereof.

Exit Premium has the meaning set forth in Section 2.8.

Exit Premium shall have the meaning specified in Section 2.05(a).

Exit Premium is defined in Section 2.02(b)(iii).

Exit Premium means, upon any repayment (including in connection with an Asset Sale Offer or a Change of Control Offer and repayment on the stated maturity date of the Notes), redemption, or acceleration upon any Event of Default, a fee equal to the percentage set forth below of the sum of (1) the aggregate principal amount (including PIK Interest previously paid in the form of an increase in the aggregate principal amount of the Notes) plus (2) accrued and unpaid interest to be repaid, redeemed or accelerated:

Exit Premium is, with respect to an outstanding Term Loan being prepaid in connection with a Change in Control, the lesser of (i) twelve (12) months of interest on the principal of such Term Loan or (ii) the aggregate of all scheduled interest through the Maturity Date of such Term Loan, in each case at the interest rate set forth in Section 2.4. “Expected Backlog Margin” is on any day, under GAAP, the gross profit margins Borrower reasonably expects to earn on the Eligible Order Backlog. “Financial Projections” is a financial statement of Borrower in the form attached hereto as Exhibit D, or in the form as may be agreed upon by Xxxxxx and Borrower from time to time, which shall include, at a minimum, (i) such information Lender deems necessary to verify the calculation of Recoverable Value and (ii) projections the Borrower’s ability to comply with Section 6.10 over the next two (2) Quarters. “Fixed Assets” is on any day, under GAAP, the fixed assets on Borrower’s consolidated balance sheet. “Foreign Subsidiary” means any Subsidiary which is not a Domestic Subsidiary. “Funding Date” is any date on which a Credit Extension is made to or for the account of Borrower which shall be a Business Day. “GAAP” means the generally accepted accounting principles set forth in the opinions and pronouncements of the Accounting Principles Board of the American Institute of Certified Public Accountants and statements and

Exit Premium set forth in Section 1.1 of the Financing Agreement is hereby amended and restated in its entirety as follows: