Minimum Termination Fee definition

Minimum Termination Fee means (for the time period indicated) the amount equal to (i) three percent (3.0%) of the Facility Cap, if the date of notice of such termination by Borrower is after the Closing Date but before January 1, 2005; and (ii) 2% of the Facility Cap, if the date of notice of such termination by Borrower is on or after January 1, 2005.

Minimum Termination Fee means (for the time period indicated) the amount equal to (i) 3.0% of the Facility Cap, if the date of notice of such termination by Borrower is after the Closing Date but before the first anniversary of the Closing Date; (ii) 2.0% of the Facility Cap, if the date of notice of such termination by Borrower is after first anniversary of the Closing Date but before the second anniversary of the Closing Date; and (ii) 1.0% of the Facility Cap, if the date of notice of such termination by Borrower is on or after the second anniversary of the Closing Date.

Minimum Termination Fee means (for the time period indicated) the amount equal to (i) 7.5% of the Facility Cap, if the Revolver Termination is at any time before the first anniversary of the Closing Date; (ii) 1% of the Facility Cap, if the Revolver Termination is after the first anniversary of the Closing Date but before the second anniversary of the Closing Date; and (iii) 0.5% of the Facility Cap, if the Revolver Termination is on or after the second anniversary of the Closing Date but before the third anniversary of the Closing Date. There shall be no Minimum Termination Fee if the Revolver Termination occurs within five (5) days of the end of the Term.

Examples of Minimum Termination Fee in a sentence

• Upon a Revolving Facility Termination, Borrower shall pay Lender (in addition to the then outstanding principal, accrued interest and other Obligations (other than indemnity obligations with respect to which no claim has been made) relating to the Revolving Facility pursuant to the terms of this Agreement and any other Loan Documents), as yield maintenance for the loss of bargain and not as a penalty, an amount equal to the applicable Minimum Termination Fee.

• In addition, if Lender is requesting compensation under this Section 6.14, Borrower shall have the right to prepay the Loan, in whole but not in part, prior to the end of the Term, by paying the outstanding principal balance of the Loan, together with all accrued and unpaid interest and all other amounts due hereunder and the other Loan Documents, but without the payment of the applicable Minimum Termination Fee or of any other penalty or premium.

• Minimum Termination Fee" shall mean the amount equal to (i) two percent (2%) of the Maximum Loan Amount if the notice of loan termination is on or before the first anniversary of the Closing or (ii) one percent (1%) of the Maximum Loan Amount if the notice of loan termination is after first anniversary of the Closing Date and on or before the second anniversary of the Closing Date.

• Notwithstanding any other provisions hereof, no Minimum Termination Fee shall be due if Borrower merges or enters into a business combination with another person and the surviving person becomes Borrower hereunder, or enters into economically similar financing arrangements with Lender.

• Notwithstanding Section 11.1(b) of the Loan Agreement or any other provision of the Loan Agreement, in the event the Obligations are indefeasibly repaid in full in cash by December 31, 2006, Lender shall waive payment of the applicable Minimum Termination Fee.

More Definitions of Minimum Termination Fee

Minimum Termination Fee means (for the time period indicated) the amount equal to (i) 3.0% of the Facility Cap, if the Revolver Termination is at any time before February 1, 2011; (ii) 2.0% of the Facility Cap, if the Revolver Termination is after February 1, 2011 but before February 1, 2012; and (iii) 1.0% of the Facility Cap, if the Revolver Termination is on or after February 1, 2012. There shall be no Minimum Termination Fee if the Revolver Termination occurs within five (5) days of the end of the Term.

Minimum Termination Fee means (for the time period indicated) the amount equal to (i) 3% of the Facility Cap if the date of notice of such termination by Borrower is after the first anniversary date of the Closing Date but prior to the second anniversary of the Closing Date, and (ii) 2% of the Facility Cap if the date of notice of such termination by Borrower is on or after the second anniversary of the Closing Date.

Minimum Termination Fee means the sum of $9,130,942 in U.S. currency.

Minimum Termination Fee means (for the time period indicated) the amount equal to the greater of (a) Yield Maintenance, and (b) (i) 4% of the Facility Cap, if the date of termination is after the day that is six months after the Closing Date but before the second anniversary of the Closing Date; or (ii) 3% of the Facility Cap, if the date of termination is on or after the second anniversary of the Closing Date.

Minimum Termination Fee means the amount equal to (i) two percent (2%) of the Maximum Loan Amount if the notice of loan termination is on or before the first anniversary of the Closing or (ii) one percent (1%) of the Maximum Loan Amount if the notice of loan termination is after first anniversary of the Closing Date and on or before the second anniversary of the Closing Date.

Minimum Termination Fee means the amount equal to 5% of the facility Cap if the date of notice of such termination is on or prior to June 10, 2009.

Minimum Termination Fee means (for the time period indicated) the amount equal to (i) $792,000 if the date of notice of such termination by Borrower is after the Closing Date but before the first anniversary of the Closing Date; (ii) $528,000 if the date of notice of such termination by Borrower is on or after the first anniversary of the Closing Date but before the second anniversary of the Closing Date and (iii) $264,000 if the date of notice of such termination by Borrower is on or after the second anniversary of the Closing Date but before the third anniversary of the Closing Date.