Amendment Fee & Closing Fee Clause Samples
Amendment Fee & Closing Fee. Amendment Fee & Closing Fee. In addition to, and without in any way limiting, the obligations of Borrowers or any other Loan Party Obligor to pay any fees or other amounts set forth in the Loan Agreement and the other Loan Document, the Borrowers agree to pay to Agent (a) an amendment fee in the amount of $100,000 (the "Amendment Fee") and (b) a closing fee in the amount of $227,500 (the "Closing Fee"). The Amendment Fee shall be net settled on the Amendment No. 5 Closing Date and treated as creating original issue discount on the Revolving Loan Commitments under Treasury Reg. section 1.1273-2(g)(2) for US federal income tax purposes. The Closing Fee shall be deemed net settled on the applicable date of payment and treated as creating original issue discount on the Term Loan Commitment under Treasury Reg. section 1.1273-2(g)(2) for US federal income tax purposes and shall be paid as follows: (i) an amount equal to $113,750 (the “First Installment of Closing Fee”) on the Amendment No. 5 Closing Date; and (ii) an amount equal to $113,750 shall be paid in cash on December 12, 2024.
