Common use of Guarantee Fee Clause in Contracts

Guarantee Fee. FLCNKII shall pay to Hydro annual fees on April 15 of each year during the term of this FLCNKII Financing Agreement under each of the Credit Facilities an amount calculated in the following manner: (a) as part of the Construction Credit Facility an amount determined according to the following formula: A x B where: A is the Guarantee Fee as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date; and B is the FLCNKII Total Outstandings with respect to the Construction Credit Facility, as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date; (b) as part of the Common Unit Distribution Credit Facility an amount determined according to the following formula: A x B where: A is the Guarantee Fee as at 10:00 am (Winnipeg time) on the March 31 st date that is immediately prior to the April 15th payment date; and B is the FLCNKII Total Outstandings with respect to the Common Unit Distribution Credit Facility, as at 10:00 am (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date. Provided that after the Final Closing Date, no additional fees shall accrue and be required to be paid on the FLCNKII Total Outstandings with respect to the Common Unit Distribution Credit Facility if FLCNKII have delivered a Preferential Distribution Notice and the provisions of section 2.6(1) apply. (c) as part of the Operating Credit Facility an amount determined according to the following formula: A x B where: A is the Guarantee Fee as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date; and B is the FLCNKII Total Outstandings with respect to the Operating Credit Facility, as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date. Notwithstanding the foregoing and subject to the provisions of this FLCNKII Financing Agreement (including the requirement to make mandatory payments through Distributions on FLCNKII’s Class K Units pursuant to Article 2) the fees to be paid to Hydro under each Credit Facility pursuant to this section 2.8 shall accrue as an amount owing to Hydro under each of the Credit Facilities and shall only become due and payable on the Maturity Date. For greater certainty the amount of unpaid fees that are accruing under each Credit Facility forms part of the FLCNKII Total Outstandings under that Credit Facility.

Guarantee Fee. FLCNKII The CNPLP shall pay to Hydro annual fees on April 15 of each year during the term of this FLCNKII CNPLP Financing Agreement under each of the Credit Facilities an amount calculated in the following manner: (a) as part of the Construction Credit Facility an amount determined according to the following formula: A x B where: , A is the Guarantee Fee as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date; and B is the FLCNKII CNPLP Total Outstandings with respect to the Construction Credit Facility, as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date; (b) as part of the Common Unit Distribution Credit Facility an amount determined according to the following formula: A x B where: A is the Guarantee Fee as at 10:00 am (Winnipeg time) on the March 31 st date that is immediately prior to the April 15th payment date; and B is the FLCNKII CNPLP Total Outstandings with respect to the Common Unit Distribution Credit Facility, as at 10:00 am (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date. Provided that after the Final Closing Date, no additional fees shall accrue and be required to be paid on the FLCNKII CNPLP Total Outstandings with respect to the Common Unit Distribution Credit Facility if FLCNKII the CNPLP have delivered a Preferential Distribution Notice and the provisions of section 2.6(1) apply. (c) as part of the Operating Credit Facility an amount determined according to the following formula: A x B where: A is the Guarantee Fee as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date; and B is the FLCNKII CNPLP Total Outstandings with respect to the Operating Credit Facility, as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date. Notwithstanding the foregoing and subject to the provisions of this FLCNKII CNPLP Financing Agreement (including the requirement to make mandatory payments through Distributions on FLCNKIIthe CNPLP’s Class K Units pursuant to Article 2) the fees to be paid to Hydro under each Credit Facility pursuant to this section 2.8 shall accrue as an amount owing to Hydro under each of the Credit Facilities and shall only become due and payable on the Maturity Date. For greater certainty the amount of unpaid fees that are accruing under each Credit Facility forms part of the FLCNKII CNPLP Total Outstandings under that Credit Facility.

Guarantee Fee. FLCNKII ‌ The YFFNLP shall pay to Hydro annual fees on April 15 of each year during the term of this FLCNKII YFFNLP Financing Agreement under each of the Credit Facilities an amount calculated in the following manner: (a) as part of the Construction Credit Facility an amount determined according to the following formula: A x B where: , A is the Guarantee Fee as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date; and B is the FLCNKII YFFNLP Total Outstandings with respect to the Construction Credit Facility, as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date; (b) as part of the Common Unit Distribution Credit Facility an amount determined according to the following formula: A x B where: , A is the Guarantee Fee as at 10:00 am (Winnipeg time) on the March 31 st date that is immediately prior to the April 15th payment date; and B is the FLCNKII YFFNLP Total Outstandings with respect to the Common Unit Distribution Credit Facility, as at 10:00 am (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date. Provided that after the Final Closing Date, no additional fees shall accrue and be required to be paid on the FLCNKII YFFNLP Total Outstandings with respect to the Common Unit Distribution Credit Facility if FLCNKII the YFFNLP have delivered a Preferential Distribution Notice and the provisions of section 2.6(1) apply. (c) as part of the Operating Credit Facility an amount determined according to the following formula: A x B where: , A is the Guarantee Fee as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date; and B is the FLCNKII YFFNLP Total Outstandings with respect to the Operating Credit Facility, as at 10:00 a.m. (Winnipeg time) on the March 31st date that is immediately prior to the April 15th payment date. Notwithstanding the foregoing and subject to the provisions of this FLCNKII YFFNLP Financing Agreement (including the requirement to make mandatory payments through Distributions on FLCNKIIthe YFFNLP’s Class K Units pursuant to Article 2) the fees to be paid to Hydro under each Credit Facility pursuant to this section 2.8 shall accrue as an amount owing to Hydro under each of the Credit Facilities and shall only become due and payable on the Maturity Date. For greater certainty the amount of unpaid fees that are accruing under each Credit Facility forms part of the FLCNKII YFFNLP Total Outstandings under that Credit Facility.