Modified UDC Fee definition

Modified UDC Fee means a $450,000.00, non-recourse, flat fee, payable by the Debtor to UDC prior to initiation of the Excess Collections Split on the B Pieces and solely from collections from and proceeds of the B Pieces and secured by a pledge of the B Pieces subordinate only to the DIP Facility and the Secured Claim Recovery Amount.
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Modified UDC Fee means a fee of $450,000 payable prior to any payments pursuant to the Excess Collection Split solely from collections on the B Pieces, and secured by a pledge of the stock of FMARC and FMARC II, subordinate only to the DIP Facility, the Secured Claim Recovery Amount and prior pledges of FMARC II stock.
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Examples of Modified UDC Fee in a sentence

  • Pledgor guarantees, absolutely and irrevocably, the full and timely receipt and recovery by the Agent (and the successors or assigns of Agent) and/or UDC (collectively, the "Secured Party"), in the aggregate of the Secured Claim Recovery Amount and, if the Chapter 11 Plan is confirmed, the Modified UDC Fee.

  • As used herein, the term "Final Date" shall mean the earlier of (i) the date upon which the Agent has fully recovered and received the Secured Claim Recovery Amount and, if the Chapter 11 Plan is confirmed, UDC has received the Modified UDC Fee or (ii) the date on which all of Pledgor's obligations under the Contribution Agreement have been satisfied.

  • The Modified UDC Fee shall not be treated as an 12 13 advance under the DIP Financing and Overadvance Facility and shall not accrue any interest or costs.

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  • In the event the Joint Plan is confirmed, FMAC agrees that any obligation hereunder owing UDC by FMAC shall be paid by Debtor from the B Pieces and any other asset of the estate after payment to UDC of the Secured Claim Recovery Amount and the Modified UDC Fee, and prior to any payments to the FMAC estate or creditors thereof.

  • Such B Piece Distributions shall thereafter be applied to pay the Modified UDC Fee and then be retained by the Reorganized Company for distribution under the Plan subject to the Excess Collections Contribution Agreement and the Stock Option set forth in ss.

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  • Lender shall provide Borrower and Distributors with monthly reports, on or before the 15th day of each month, reflecting the outstanding amount due and owing by Borrower to Lender under the Agreement, the Contribution Agreement, the Credit and Security Agreement II, the Modified UDC Fee, any advance under the UDC Stock Option and any other obligation secured by the B Pieces arising under the Plan.

  • The B Piece Distributions after the payment in full of Class 2 Claims and the DIP Financing and Overadvance Facility shall thereafter be applied to pay the Modified UDC Fee in full and then split between the Reorganized Company and UDC pursuant to the Excess Collections Contribution Agreement.

Related to Modified UDC Fee

  • Applicable L/C Margin means the per annum fee, from time to time in effect, payable with respect to outstanding Letter of Credit Obligations as determined by reference to Section 1.5(a).

  • L/C Fee has the meaning specified in Section 2.03(i).

  • Annual Specified Amount means $400,000 escalated on each Anniversary Date by the percentage by which the CPI last published prior to such Anniversary Date has increased over the CPI last published prior to the grant of the Burswood Casino Licence.

  • Applicable Utilization Fee means, as of any date that the aggregate Advances exceed 33% of the aggregate Commitments, a percentage per annum determined by reference to the Public Debt Rating in effect on such date as set forth below: -------------------------------- ----------------------------- Public Debt Rating Applicable S&P/Moody's Utilization Fee -------------------------------- ----------------------------- Level 1 BBB+ or Baa1 or above 0.125% -------------------------------- ----------------------------- Level 2 BBB or Baa2 0.250% -------------------------------- ----------------------------- Level 3 BBB- and Baa3 0.000% -------------------------------- ----------------------------- Level 4 BBB- or Baa3 0.000% -------------------------------- ----------------------------- Level 5 BB+ and Ba1 0.000% -------------------------------- ----------------------------- Level 6 Lower than Level 5 0.000% -------------------------------- -----------------------------

  • Applicable L/C Fee Percentage means, as at any date of determination, a rate per annum equal to the Applicable Eurodollar Margin for Revolving Loans in effect on such date.

  • Applicable Facility Fee Rate means, at any time, the percentage rate per annum at which Facility Fees are accruing on the Aggregate Commitment at such time as set forth in the Pricing Schedule.

  • Maximum Applicable Rate with respect to APS, has the meaning set forth in Section 11.10(a)(vii) of these Bylaws.

  • Applicable Facility Fee means the percentage set forth in the table below corresponding to the Level at which the Ratings-Based Applicable Margin is determined in accordance with the definition thereof: 2 0.125 % 3 0.150 % 4 0.200 % 5 0.250 % 6 0.300 % Any change in the applicable Level at which the Ratings-Based Applicable Margin is determined shall result in a corresponding and simultaneous change in the Applicable Facility Fee.

  • Applicable Facility Fee Percentage means, as at any date of determination, the rate per annum then applicable in the determination of the amount payable under Section 2.14(C)(i) hereof determined in accordance with the provisions of Section 2.14(D)(ii) hereof.

  • Maximum Advance Rate means 80.0%.

  • Applicable Utilization Fee Rate means, as of any date, the percentage rate per annum at which Utilization Fees accrue on all Revolving Credit Advances at such time as set forth in the Pricing Schedule.

  • Maximum Term Loan Amount means Forty Million and No/100 Dollars ($40,000,000).

  • Applicable Commitment Fee Margin means, for each Pricing Period, the margin set forth below (expressed in basis points per annum) opposite the Applicable Pricing Level for that Pricing Period: II 10.0 V 17.5

  • Utilization Fee shall have the meaning assigned to such term in Section 2.06(b).

  • LPMI Fee With respect to each LPMI Loan, the portion of the Mortgage Interest Rate as set forth on the related Mortgage Loan Schedule (which shall be payable solely from the interest portion of Monthly Payments, Insurance Proceeds, Condemnation Proceeds or Liquidation Proceeds), which, during such period prior to the required cancellation of the LPMI Policy, shall be used to pay the premium due on the related LPMI Policy.

  • Maximum allowable cost list means a list of drugs for

  • Applicable Unused Line Fee Margin means the per annum fee, from time to time in effect, payable in respect of Borrowers’ non-use of committed funds pursuant to Section 1.9(b), which fee is determined by reference to Section 1.5(a).

  • L/C Fee Rate means the Applicable Margin with respect to LIBOR Rate Loans.

  • Replacement Reference Rate means a reference rate which is:

  • Applicable Reference Rate means, collectively or individually, Term SOFR, Daily Compounded XXXXX, XXXXX or the EURIBOR Rate.

  • Utilization Fee Rate means the percentage set forth in Schedule 1 hereto beside the then applicable Level.

  • PJM Region Installed Reserve Margin means the percent installed reserve margin for the PJM Region required pursuant to RAA, Schedule 4.1, as approved by the PJM Board.

  • Applicable Fee means, for any day, with respect to any Commitment, the applicable percentage set forth in Annex I under the caption “Applicable Fee”.

  • Expense Fee Rate As to each Mortgage Loan, a per annum rate equal to the sum of the Servicing Fee Rate and the Trustee Fee Rate.

  • LC Fee is defined in Section 2.19.4.

  • Assigned Annual Special Tax means the Special Tax of that name described in Section D.