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

  • This break-up fee would be paid in lieu of the Modified UDC Fee, the Emergence Fee set forth in Article 1 and Section 2.2 of the Plan and the existing commitment fee of $500,000 under the Final DIP Order.

  • In consideration for the terms of the DIP Financing and Overadvance Facility as modified on the Effective Date, UDC shall receive the Modified UDC Fee and the Emergence Fee.

  • Modified UDC Fee means a non-recourse fee of $450,000 payable solely out of B Piece Distributions after payment in full of the DIP Financing and Overadvance Facility and the guaranty of Allowed Class 2 Claims under the Guaranty and Pledge Agreement, but before any distributions under the Excess Collections Contribution Agreement.

  • The Modified UDC Fee and the Emergence Fee are the only financing and similar fees UDC will receive under this Plan or the orders entered in these Cases, including, without limitation, the Final DIP Order, unless this Plan is not confirmed and UDC becomes entitled to the Break-Up Fee.

  • Any remaining obligations under the DIP Financing and Overadvance Facility shall be paid from the B Piece Distributions after application of the B Piece Distributions to the remaining balance on the Secured Claim Recovery Amount but before payment of the Modified UDC Fee or distributions under the Excess Collections Contribution Agreement, plus Excess Greenwich Collections and net proceeds from sales of FMAC's furniture, fixtures and equipment not otherwise acquired by UDC on the Effective Date.

  • The difference between the sum of the future cash flows under the Excess Collections Contribution Agreement and the sum of the excess cash flows from the Owned Loans and the B Piece Distributions noted above is the cash flows allocated to repay the balance of the DIP Financing and Overadvance Facility, the post-confirmation expenses to administer the FMAC Estate, and the Modified UDC Fee.

  • 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.

  • 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.

  • 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.

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).

  • Category Fee Schedules Equity Funds Schedule 1 Funds: Equity Growth Fund Global Gold Fund Global Natural Resources Fund Income & Growth Fund Utilities Fund Category Assets Fee Rate First $1 billion 0.5200% Next $5 billion 0.4600% Next $15 billion 0.4160% Next $25 billion 0.3690% Next $50 billion 0.3420% Next $150 billion 0.3390% Thereafter 0.3380% Schedule 2 Funds: Small Cap Quantitative Fund Category Assets Fee Rate First $1 billion 0.7200% Next $5 billion 0.6600% Next $15 billion 0.6160% Next $25 billion 0.5690% Next $50 billion 0.5420% Next $150 billion 0.5390% Thereafter 0.5380% Dated: July 1, 2002 Exhibit D Complex Fee Schedule Complex Assets Fee Rate First $2.5 billion 0.0600% Next $7.5 billion 0.0500% Next $15.0 billion 0.0485% Next $25.0 billion 0.0470% Next $50.0 billion 0.0460% Next $100.0 billion 0.0450% Next $100.0 billion 0.0440% Next $200.0 billion 0.0430% Next $250.0 billion 0.0420% Next $500.0 billion 0.0410% Thereafter 0.0400% Dated: July 1, 2002

  • 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 “Applicable Margin” is determined in accordance with the definition thereof: Level Facility Fee 2 0.125% 3 0.150% 4 0.200% 5 0.250%

  • 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%.

  • Penalty Rate means the Stated Rate plus two percent (2.00%) per annum of the Liquidation Price of each share of Series A Preferred Stock.

  • 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: Applicable Pricing Level Margin II 10.0 V 17.5

  • Utilization Fee has the meaning assigned to such term in Section 2.11(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 rates set forth in Schedule 1 hereto beside the then applicable Level.

  • Replacement Reference Rate means a reference rate which is:

  • Applicable Reference Rate means, for any Eurocurrency Rate Loan denominated in any LIBOR Quoted Currency or any LIBOR Floating Rate Loan, LIBOR, for any Eurocurrency Rate Loan denominated in Australian Dollars, BBSY, for any Eurocurrency Rate Loan denominated in Canadian Dollars, the CDOR Rate and for any Eurocurrency Rate Loan denominated in Mexican Pesos, TIIE, as applicable.

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

  • Expense Fee Rate As to each Mortgage Loan, the sum of (a) the related Servicing Fee Rate and (b) the Trustee Fee Rate.

  • LC Fee is defined in Section 2.19.4.