Common use of Fees Non-Refundable Clause in Contracts

Fees Non-Refundable. All fees set forth in this Section 2.6 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders regardless of whether any Revolving Loans are actually made.

Appears in 30 contracts

Sources: Credit Agreement (Blue Owl Credit Income Corp.), Credit Agreement (Blue Owl Credit Income Corp.), Credit Agreement (Blue Owl Technology Income Corp.)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.8 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Administrative Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 24 contracts

Sources: Credit Agreement (Kilroy Realty, L.P.), Term Loan Agreement (Kilroy Realty, L.P.), Term Loan Agreement (Kilroy Realty, L.P.)

Fees Non-Refundable. All fees set forth in this Section 2.6 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders regardless of whether any Revolving Loans are actually made.

Appears in 16 contracts

Sources: Credit Agreement (Blue Owl Technology Income Corp.), Credit Agreement (Blue Owl Technology Finance Corp.), Credit Agreement (AB Private Credit Investors Corp)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.9 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Administrative Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 12 contracts

Sources: Revolving Credit Agreement (Amb Property Lp), Revolving Credit Agreement (Istar Financial Inc), Credit Agreement (Amb Property Corp)

Fees Non-Refundable. All fees set forth in this Section 2.6 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Revolving Class A-R Lenders regardless of whether any Revolving Class A-R Loans are actually made.

Appears in 6 contracts

Sources: Credit Agreement (AB Private Lending Fund), Credit Agreement (AB Private Lending Fund), Credit Agreement (AB Private Credit Investors Corp)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.7 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower any Loan Party to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower such Loan Party and shall inure to the benefit of Administrative Agent and the Revolving Lenders regardless of whether any Revolving Loans are actually made.

Appears in 4 contracts

Sources: Revolving Credit Agreement (Prologis, L.P.), Revolving Credit Agreement (Prologis, L.P.), Revolving Credit Agreement (Prologis, L.P.)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.7 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower Borrowers or Guarantors to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the each Borrower and each Guarantor, and shall inure to the benefit of the Revolving Lenders Administrative Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 4 contracts

Sources: Revolving Credit Agreement (Amb Property Corp), Revolving Credit Agreement (Amb Property Corp), Revolving Credit Agreement (Amb Property Lp)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.7 ------------------- shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Lead Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 4 contracts

Sources: Revolving Credit Agreement (Cabot Industrial Properties Lp), Revolving Credit Agreement (Cabot Industrial Trust), Credit Agreement (Kilroy Realty Corp)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.7 shall ------------------- be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Lead Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 3 contracts

Sources: Revolving Credit Agreement (Cabot Corp), Revolving Credit Agreement (Kilroy Realty Corp), Revolving Credit Agreement (Cabot Industrial Trust)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.9 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Administrative Agent, the Syndication Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 3 contracts

Sources: Revolving Credit Agreement (Eop Operating LTD Partnership), Revolving Credit Agreement (Eop Operating LTD Partnership), Revolving Credit Agreement (Equity Office Properties Trust)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.9 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Administrative Agent, the Documentation Agent, the Syndication Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 3 contracts

Sources: Revolving Credit Agreement (Equity Office Properties Trust), Revolving Credit Agreement (Eop Operating LTD Partnership), Revolving Credit Agreement (Eop Operating LTD Partnership)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.7 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Administrative Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 3 contracts

Sources: Credit Agreement (Istar Inc.), Credit Agreement (Istar Inc.), Credit Agreement (Istar Financial Inc)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.8 ------------------- shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Administrative Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 2 contracts

Sources: Credit Agreement (Smith Charles E Residential Realty Lp), Credit Agreement (Smith Charles E Residential Realty Inc)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.8 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Administrative Agent, Fronting Bank and the Banks, as applicable, regardless of whether any Revolving Loans are actually made.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Carramerica Realty Corp), Revolving Credit Agreement (Carramerica Realty Corp)

Fees Non-Refundable. All fees set forth in this Section 2.6 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Revolving Class A-R Lenders regardless of whether any Revolving Loans are actually made.

Appears in 2 contracts

Sources: Credit Agreement (Blue Owl Credit Income Corp.), Credit Agreement (Blue Owl Credit Income Corp.)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.8 shall ------------------- be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Lead Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Trinet Corporate Realty Trust Inc), Revolving Credit Agreement (Kilroy Realty Corp)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.8 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-non- refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Administrative Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 2 contracts

Sources: Credit Agreement (Istar Inc.), Credit Agreement (Istar Inc.)

Fees Non-Refundable. All fees set forth in this Section 2.6 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Revolving Senior Lenders regardless of whether any Revolving Senior Loans are actually made.

Appears in 1 contract

Sources: Credit Agreement (AB Private Credit Investors Corp)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.7 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Administrative Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Revolving Credit Agreement (Tower Realty Trust Inc)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.07 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Revolving Credit Agreement (Security Capital Atlantic Inc)

Fees Non-Refundable. All fees set forth in this Section 2.6 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Credit Agreement (Blue Owl Technology Finance Corp. II)

Fees Non-Refundable. All fees Fees set forth in this Section 2.6 2.8 and in the Fee Letter shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and thereof and shall be non-refundable. The obligation of the Borrower Borrowers to pay such fees Fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower Borrowers and shall inure to the benefit of the Revolving Administrative Agent and the Lenders regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Revolving Credit Agreement (Northstar Realty)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.7 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Revolving Credit Agreement (Amb Property Corp)

Fees Non-Refundable. All fees set forth in this Section 2.6 -------------------- 2.8 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Administrative Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Credit Agreement (Smith Charles E Residential Realty Lp)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.8 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Administrative Agent and the Lenders regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Revolving Credit Agreement (Arbor Realty Trust Inc)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.8 shall ------------------- be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Administrative Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Credit Agreement (Kilroy Realty Corp)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.8 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Co-Managing Agents, and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Revolving Credit Agreement (Avalon Properties Inc)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.08 ------------------- shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Revolving Credit Agreement (Security Capital Atlantic Inc)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.7 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Lead Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Revolving Credit Agreement (Carramerica Realty Corp)

Fees Non-Refundable. All fees set forth in this Section 2.6 Agreement shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Administrative Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Credit Agreement (Amb Property Lp)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.8 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Lead Agent, the Managing Co-Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Revolving Credit Agreement (Trinet Corporate Realty Trust Inc)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.8 shall be ------------------- deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Lead Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Revolving Credit Agreement (Kilroy Realty Corp)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.8 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Lead Agent, the Co-Lead Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Revolving Credit Agreement (Erp Operating LTD Partnership)

Fees Non-Refundable. All fees set forth in this Section 2.6 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement and shall be non-refundable. The obligation of the Borrower Borrowers to pay such fees in accordance with the provisions of this Agreement shall be binding upon the Borrower Borrowers and shall inure to the benefit of the Revolving Lenders regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Credit Agreement (Nuveen Churchill Private Capital Income Fund)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.7 shall be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundablenonrefundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Lead Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Revolving Credit Agreement (Cabot Industrial Properties Lp)

Fees Non-Refundable. All fees set forth in this Section 2.6 2.8 shall ------------------- be deemed to have been earned on the date such payment is due in accordance with the provisions of this Agreement hereof and shall be non-refundable. The obligation of the Borrower to pay such fees in accordance with the provisions of this Agreement hereof shall be binding upon the Borrower and shall inure to the benefit of the Revolving Lenders Administrative Agent and the Banks regardless of whether any Revolving Loans are actually made.

Appears in 1 contract

Sources: Credit Agreement (Smith Charles E Residential Realty Lp)