Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to pay to Agent, for the benefit of the Lenders, a non-refundable amendment fee in the amount of $15,000 (the “Amendment Fee”), which fee is fully-earned as of and due and payable on the date of this Amendment.
Appears in 2 contracts
Samples: Credit Agreement (Infocus Corp), Credit Agreement (Infocus Corp)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to Borrowers shall pay to Agent, Agent for the benefit account of the Lenders, a non-refundable Lenders an amendment fee in an amount equal to $50,000, which amount shall be payable simultaneously with the amount of $15,000 (the “Amendment Fee”)execution hereof, which fee is fully-fully earned as of and due and payable on the date hereof, shall be in addition to all other amounts payable under the Financing Agreements, shall constitute part of this Amendmentthe Obligations and may, at Agent's option, be charged directly to any account(s) of Borrowers maintained with Agent or Lenders.
Appears in 2 contracts
Samples: Loan and Security Agreement (Pamida Holdings Corp/De/), Loan and Security Agreement (Pamida Inc /De/)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees Borrowers shall have paid to pay to AgentAgent an amendment fee, for the ratable benefit of the Lenders, a non-refundable amendment fee in the amount of $15,000 (the “Amendment Fee”)50,000, which fee is fully-shall be fully earned as of and due and payable on the date of this Amendmenthereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account).
Appears in 2 contracts
Samples: Credit Agreement (Dixie Group Inc), Credit Agreement (Dixie Group Inc)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to shall pay to Agent, for the benefit account of the Lenders, a non-refundable an amendment fee in an amount equal to $562,500, to be distributed pro rata to all Lenders based on each Lender's Commitments immediately prior to the amount of $15,000 (the “Amendment Fee”), which fee is fully-earned as of and due and payable on the date effectiveness of this Amendment.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Comfort Systems Usa Inc)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to will pay to Agent, for the benefit account of the LendersLenders (in accordance with Section 2.6 of the Loan Agreement), a non-refundable an amendment fee in the amount of $15,000 (the “Amendment Fee”) equal to Two Hundred Fifty Thousand Dollars ($250,000). The Amendment Fee shall be fully earned, which fee is fully-earned as of and due and payable on the date of this Amendmenthereof.
Appears in 2 contracts
Samples: Loan and Security Agreement (Phathom Pharmaceuticals, Inc.), Loan and Security Agreement (Phathom Pharmaceuticals, Inc.)
Amendment Fee. In consideration of Borrower shall have paid to the agreements set forth herein, Borrower agrees to pay to Agent, a nonrefundable amendment fee for the benefit ratable account of the Lenders, a non-refundable amendment fee in the an amount of equal to $15,000 (the “Amendment Fee”), which fee is fully-earned as of and due and payable on the date of this Amendment200,000.
Appears in 2 contracts
Samples: Credit Agreement (Vertis Inc), Credit Agreement (Vertis Inc)
Amendment Fee. In consideration of the agreements set forth herein, The Borrower agrees to shall pay to the Agent, for on or before the benefit date of the Lendersthis Amendment, a non-refundable an amendment fee in the amount of $15,000 (the “Amendment Fee”)325,000.00, which amendment fee is fully-earned as of and due and payable on shall be divided pro rata amongst the date of this AmendmentLenders based upon their respective Commitments.
Appears in 2 contracts
Samples: Credit Agreement (Dynamex Inc), Credit Agreement (Dynamex Inc)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to Borrowers shall pay to Agent, for the benefit ratable account of the LendersLenders with Revolver Commitments, a non-refundable amendment fee in the amount of equal to $15,000 12,500 (the “"Amendment Fee”), ") which fee is fully-shall be fully earned as of and due and payable on the date of this Amendmenthereof.
Appears in 1 contract
Amendment Fee. In consideration of the agreements set forth hereinamendments made to the Loan Agreement hereunder, the Borrower agrees to pay to Agentthe agent a one-time, for the benefit of the Lenders, a non-refundable amendment fee in the amount of $15,000 50,000.00 (the “"Amendment Fee”), ") which fee is fully-earned as of and shall be due and payable on at the date of time this AmendmentAmendment is executed by the Borrower. 4.
Appears in 1 contract
Amendment Fee. In consideration of Borrowers shall pay an amendment fee (the agreements set forth herein, Borrower agrees to pay "Amendment Fee") to Agent, for the ratable benefit of the Lenders, a non-refundable amendment fee in the an aggregate amount of equal to $15,000 (the “Amendment Fee”)100,000, which fee is Amendment Fee shall be fully-earned as of earned, nonrefundable and due and payable in full on the effective date of this Amendment. The Amendment Fee is in addition to any other fees paid or payable to Agent or Lenders in connection with the Loan Agreement and the Other Documents.
Appears in 1 contract
Samples: Loan and Security Agreement (Velocity Express Corp)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to (a) Borrowers shall pay to Agent, for the benefit account of Lenders (in accordance with the arrangements between Agent and Lenders), a non-refundable an amendment fee on the date hereof in the amount of $15,000 (the “Amendment Fee”), 250,000 which fee is fully-shall be fully earned as of and due and payable on the date hereof, without limiting any other rights of this AmendmentAgent and Lenders.
Appears in 1 contract
Samples: Loan and Security Agreement (Perry Ellis International Inc)
Amendment Fee. In consideration of addition to all other fees, charges, interest and expenses payable by Borrowers to Agent and Lenders under the agreements set forth hereinLoan Agreement and the other Financing Agreements, Borrower agrees to Borrowers shall pay to Agent, for the benefit account of Lenders (to the Lendersextent and in accordance with the arrangements between Agent and each Lender), a non-refundable an amendment fee in the amount of $15,000 (the “Amendment Fee”)312,500, which fee is fully-shall be fully earned as of and due and payable on the effective date hereof and may be charged by Agent directly to any loan account of this AmendmentBorrowers.
Appears in 1 contract
Amendment Fee. In consideration of the agreements set forth hereinof the Required Lenders hereunder, Borrower agrees Borrowers agree to pay to Agent, Agent (for the benefit account of the Lenders, a non-refundable Lenders executing this Amendment) an amendment fee in the amount of $15,000 (the “Amendment Fee”) in the amount of 0.5% of the Total Commitment ($42,500), which fee is fully-earned as of and due and . The Amendment Fee shall be payable in full in cash on the effective date of this Amendment.
Appears in 1 contract
Samples: Capital Growth Systems Inc /Fl/
Amendment Fee. In consideration of for the agreements set forth herein, Borrower agrees to pay to Agent, for Agent's benefit and for the benefit of the Lenders, a non-refundable an amendment fee in the amount of $15,000 (the “Amendment Fee”)75,000, which fee is fullyshall be (i) deemed fully earned on the date hereof, (ii) non-earned as of refundable, and (iii) be due and payable in full on the date of this Amendmenthereof. ARTICLE III.
Appears in 1 contract
Amendment Fee. In As consideration of the agreements set forth hereinfor Agent and Lenders to enter into this Amendment, Borrower agrees to Borrowers shall pay to Agent, for the benefit account of each Lender in accordance with their respective Applicable Percentages of the LendersLoans, a non-refundable an amendment fee in the an amount of $15,000 245,625 (the “Amendment Fee”), which fee . The Amendment Fee is fully-earned as of and due and payable on the date in full upon execution of this Amendment. Borrowers agree that the Amendment Fee has been fully earned by Agent and Lenders and is non-refundable.
Appears in 1 contract
Samples: Credit Agreement (Tasty Baking Co)
Amendment Fee. In consideration of the agreements set forth hereinagreement of the Lenders hereunder, the Borrower agrees to pay to Agent, the Agent for the benefit account of the Lenders, each Lender a non-refundable amendment fee in the amount of $15,000 (the “"Amendment Fee”)") in an amount equal to $1,220,000, which fee is fully-shall be earned as of and due and payable on the date of this Amendment.of
Appears in 1 contract
Samples: Warrant Agreement (Genicom Corp)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to pay shall have paid to Agent, for the benefit of the Lenders, a non-refundable an amendment fee in the amount of $15,000 (206,250. Payment of Expenses. Borrower shall have paid to Agent and Lenders all costs, fees and expenses owing in connection with this Amendment and the “Amendment Fee”), which fee is fully-earned as of other Loan Documents and due to Agent or Lenders (including, without limitation, reasonable legal fees and payable on the date of this Amendmentexpenses).
Appears in 1 contract
Samples: Credit Agreement (Gottschalks Inc)
Amendment Fee. In consideration of the agreements set forth hereinother changes in terms made pursuant to this Amendment, the Borrower agrees to pay to Agent, the Agent for the ratable benefit of the Lenders, a non-refundable an amendment fee in the amount of One Hundred Thirteen Thousand Five Hundred Fifty and No/100ths Dollars ($15,000 (the “Amendment Fee”113,550.00), which . The amendment fee is fully-earned as of and shall be due and payable on the date of this Amendment, shall be fully earned on the date it becomes payable, and at the option of the Agent shall be paid by Agent initiated Revolving Loans.
Appears in 1 contract
Amendment Fee. In consideration Upon execution of the agreements set forth hereinthis Amendment, Borrower agrees to Borrowers shall pay to Agent, for the benefit of the Lenders, a non-refundable Agent an amendment fee in the amount of Forty Thousand Dollars ($15,000 40,000.00) (the “Amendment Fee”), which fee may be charged as a Committed Loan or charged to any bank account of any Borrower maintained with Agent. The foregoing Amendment Fee is fully-in addition to the interest and other amounts which Borrowers are required to pay under the Loan Documents, and is fully earned as of and due and payable on the date of this Amendmentnonrefundable.
Appears in 1 contract
Amendment Fee. In consideration of the agreements amendments set forth herein, Borrower agrees to Borrowers shall pay to Agent, for the benefit account of the Lenders, a non-refundable or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $15,000 25,000 (the “Amendment Fee”), which fee is fully-fully earned as of and due and payable on the date of this AmendmentAmendment No. 9 and shall constitute part of the Obligations.
Appears in 1 contract
Samples: Credit Agreement (Hamilton Beach Brands Holding Co)
Amendment Fee. In consideration of the agreements set forth hereinaddition to all other fees and charges, Borrower agrees to pay to AgentAgent on the date hereof a fully-earned, for the benefit of the Lenders, a non-refundable amendment fee in the amount of $15,000 50,000 (the “Amendment Fee”), which fee is fully-earned as of and due and payable on the date of this Amendment.
Appears in 1 contract
Samples: Loan and Security Agreement (Fuel Systems Solutions, Inc.)
Amendment Fee. In consideration On the date of the agreements set forth hereinthis Amendment, Borrower agrees to shall pay to Agent, for the benefit account of the Lenders, a non-refundable an amendment fee in the amount of equal to Thirty Seven Thousand Five Hundred Dollars ($15,000 37,500) (the “"Amendment Fee”"), which . Such fee is fully-shall be fully earned as of and due and payable on upon the date execution of this AmendmentAmendment and irrevocable upon payment.
Appears in 1 contract
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to The Borrowers shall pay to the Agent, for in addition to all other fees and charges in the benefit of the LendersLoan Documents, a non-refundable amendment fee in the amount of equal to $15,000 155,000 (the “Amendment Fee”), which fee . The Borrowers hereby acknowledge and agree that the foregoing Amendment Fee is fully-earned as of and due and payable on the date of this Amendmenthereof and non-refundable for any reason.
Appears in 1 contract
Amendment Fee. In consideration of the agreements set forth herein, each Borrower hereby agrees to pay to Agent, for the benefit of the Lendersits sole and separate account, a non-refundable an amendment fee in the aggregate amount of $15,000 200,000 (the “Amendment Fee”), which fee is non-refundable when paid and is fully-earned as of and due and payable on the date of this Amendment.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.)
Amendment Fee. In consideration of the agreements set forth hereinthis Amendment, Borrower agrees to Borrowers shall pay to Agent, for the benefit account of Lenders (to the Lenders, a non-refundable extent and in accordance with the arrangements between Agent and each Lender) an amendment fee in the amount of $15,000 (the “Amendment Fee”)250,000, which fee is fully-shall be fully earned as of and due and payable on the date hereof and which may be charged by Agent directly to the loan account of this Amendmentany Borrower.
Appears in 1 contract
Amendment Fee. In consideration of the agreements set forth herein, The Borrower agrees to pay to Agent, the Agent for the benefit account of the Lenders, a non-refundable each Lender executing and delivering this Amendment an amendment fee in the amount of equal to $15,000 (the “Amendment Fee”), which fee is fully-earned as of and due and payable on the date of this Amendment2,500.
Appears in 1 contract
Samples: Credit Agreement (U-Store-It Trust)
Amendment Fee. In consideration The Borrower shall pay the Agent as of the agreements set forth hereindate hereof a fully earned, Borrower agrees to pay to Agent, for the benefit of the Lenders, a non-refundable amendment fee in the amount of $15,000 (200,000 in consideration of the “Amendment Fee”), which fee is fully-earned as of and due and payable on the date Lenders' execution of this Amendment.
Appears in 1 contract
Amendment Fee. In As consideration of the agreements set forth hereinfor Agent and Lenders to enter into this Amendment, Borrower agrees to Borrowers shall pay to Agent, for the benefit account of each Lender in accordance with their respective Applicable Percentages of the LendersLoans, a non-refundable an amendment fee in the an amount of $15,000 150,000 (the “Amendment Fee”), which fee . The Amendment Fee is fully-earned as of and due and payable on the date in full upon execution of this Amendment. Borrowers agree that the Amendment Fee has been fully earned by Agent and Lenders and is non-refundable.
Appears in 1 contract
Samples: Credit Agreement (Tasty Baking Co)
Amendment Fee. In consideration of Borrower shall have paid to the agreements set forth herein, Borrower agrees to pay to Agent, for the benefit of the Lenders, a non-refundable refundable, fully earned amendment fee in the amount of $15,000 (the “Amendment Fee”), which fee is fully-earned as of and due and payable on the date of this Amendment2,500.
Appears in 1 contract
Samples: Loan Agreement (Good Guys Inc)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to shall pay to Agent, for the ratable benefit of the Lenders, a non-refundable amendment fee in the amount of $15,000 (the “Amendment Fee”)312,500, all of which fee is fully-shall be fully earned as of and due and payable on the date of this Amendmenthereof.
Appears in 1 contract
Samples: Credit Agreement (Wickes Inc)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to pay shall have paid to Agent, for the ratable benefit of the Lenders, a non-refundable an amendment fee in the amount of $15,000 65,000 (the “"Amendment Fee”"), which fee is fully-Amendment Fee shall be fully earned as of and due and payable on the date of this Amendment.hereof; and
Appears in 1 contract
Samples: Fifth Amendment (Gfsi Inc)
Amendment Fee. In consideration of the agreements set forth herein, Borrower hereby agrees to pay to Agent, for the ratable benefit of the Lenders, a non-refundable an amendment fee in the amount of $15,000 58,750 (the “"Amendment Fee”"), which fee is fully-earned as of and due and payable on the date of this Amendmenthereof. The Amendment Fee shall be fully earned when due and non-refundable when paid.
Appears in 1 contract
Amendment Fee. In consideration of the agreements set forth herein, The Borrower hereby agrees to pay to Agent, for in full on the benefit of the Lendersdate hereof, a non-refundable an amendment fee in the amount of $15,000 (the “Amendment Fee”)60,000.00, which fee is fully-shall be fully earned as of and due and payable on the date of this Amendmenthereof and non-refundable when paid.
Appears in 1 contract
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees Borrowers hereby agree to pay to Agent, for the benefit of the Lenders, a non-refundable an amendment fee in the amount of $15,000 (the “Amendment Fee”)200,000, which fee is non-refundable when paid and is fully-earned as of the Second Amendment Effective Date and due and payable on the date of this AmendmentNovember 8, 2017.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Quantum Corp /De/)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to The Borrowers shall pay to the Agent, for in addition to all other fees and charges in the benefit of the LendersLoan Agreement, a non-refundable amendment fee in the amount of equal to $15,000 50,000 (the “Amendment Fee”), which fee . The Borrowers hereby acknowledge and agree that the foregoing Amendment Fee is fully-earned as of and due and payable on the date of this Amendmenthereof and non-refundable for any reason.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Key Tronic Corp)
Amendment Fee. In consideration of The Borrowers shall have paid to the agreements set forth herein, Borrower agrees to pay to Agent, for the benefit of the Lenders, in immediately available funds, a non-refundable fully earned and nonrefundable amendment fee in equal to $225,000, the amount payment of $15,000 (the “Amendment Fee”), which shall be effected by Agent charging such fee is fully-earned as of and due and payable on the date of this Amendmentto Borrowers' Loan Account.
Appears in 1 contract
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to shall pay to Agent, for the benefit of the Lenders, a non-refundable an amendment fee in the amount of Fifty Thousand and No/100 Dollars ($15,000 (the “Amendment Fee”50,000.00), which fee is fully-shall be fully earned as of and due and payable by Lenders on the date of this Amendmentamendment and payable on January 31, 2005.
Appears in 1 contract
Samples: Borrower Addition Agreement (Amcon Distributing Co)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees Borrowers agree to pay to Agent, on the Amendment Date and for the benefit of the Lendersdistribution pro-rata among Lenders based upon their respective Revolver Commitments, a non-refundable an amendment fee in the amount of $15,000 (the “Amendment Fee”), which fee is fully-earned as of and due and payable on the date of this Amendment200,000.
Appears in 1 contract
Samples: Loan and Security Agreement (Imperial Sugar Co /New/)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to The Borrowers shall pay to Agent, for the benefit of the Lenders, a non-refundable Agent an amendment fee in the amount of $15,000 75,000 (the “"Amendment Fee”"), which fee is fully-shall be fully earned as of and due and payable on the date Effective Date and non-refundable when paid (irrespective of this Amendmentwhether the Credit Agreement is terminated thereafter) and shall be apportioned among the Lenders in accordance with the terms of letter agreements between Agent and individual Lenders.
Appears in 1 contract
Amendment Fee. In As consideration of the agreements set forth hereinfor Agent and Lenders entering into this Amendment, Borrower hereby agrees to pay to Agent, for the benefit of the Lenders, a non-refundable an amendment fee in the amount of equal to $15,000 200,000.00 (the “Amendment Fee”), which fee was fully earned by Agent’s issuance of the commitment letter relating to the modifications contemplated hereunder and is fullynon-earned as of and refundable. The Amendment Fee is due and payable on in full upon the date closing of this Amendment.
Appears in 1 contract
Samples: Receivables Loan Agreement (Bluegreen Vacations Corp)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees Borrowers agree to pay to Agent, for the ratable benefit of the Agent and Lenders, a non-refundable an amendment fee in the an amount of equal to $15,000 (the “Amendment Fee”)262,500, which amendment fee is fully-shall be deemed fully earned as and nonrefundable upon Borrowers’ execution of, and release of and due and payable on the date of its signature pages to, this Amendment.
Appears in 1 contract
Amendment Fee. In consideration of the agreements amendments set forth herein, Borrower agrees to Borrowers shall pay to Agent, for the benefit account of the Lenders, a non-refundable or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $15,000 50,000 (the “Amendment Fee”), which fee is fully-fully earned as of and due and payable on the date of this AmendmentAmendment No. 10 and shall constitute part of the Obligations.
Appears in 1 contract
Samples: Credit Agreement (Hamilton Beach Brands Holding Co)
Amendment Fee. In consideration Borrower shall pay to the Agent, as of the agreements set forth herein, Borrower agrees to pay to Agent, for the benefit of the Lenders, date hereof a fully earned and non-refundable amendment fee in the amount of $15,000 (50,000 in consideration of the “Amendment Fee”), which fee is fully-earned as of Agent and due the Lender’s execution and payable on the date delivery of this Amendment.
Appears in 1 contract
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to shall pay to the Agent, for the benefit of the Lenders, in connection with certain recent accommodations provided by Lenders and Lenders' willingness to enter into this Amendment, a non-refundable amendment fee in the amount of equal to $15,000 400,000 (the “"Amendment Fee”"), which fee is fully-earned as of and due and payable on the date of this Amendmenthereof.
Appears in 1 contract
Samples: Credit Agreement (Gottschalks Inc)
Amendment Fee. In consideration of the agreements amendments set forth herein, Borrower agrees to Borrowers shall pay to Agent, for the benefit account of the Lenders, a non-refundable or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $15,000 (the “Amendment Fee”)145,000, which fee is fully-fully earned as of and due and payable on the date of this AmendmentAmendment No. 4 and shall constitute part of the Obligations.
Appears in 1 contract
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to pay to Agent, for the benefit of the Lenders, a non-refundable amendment fee in the amount of $15,000 35,000 (the “Amendment Fee”), which fee is fully-earned as of and due and payable on the date of this Amendment.
Appears in 1 contract
Samples: Credit Agreement (Infocus Corp)
Amendment Fee. In consideration of the agreements set forth herein, Borrower hereby agrees to pay to Agent, for the ratable benefit of the Lenders, a non-refundable an amendment fee in the amount of $15,000 34,500 (the “"Amendment Fee”"), which fee is fully-earned as of and due and payable on the date of this Amendmenthereof. The Amendment Fee shall be fully earned when due and non-refundable when paid.
Appears in 1 contract
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to Borrowers shall pay to Agent, for the benefit of the Lenders, a non-refundable Agent an amendment fee in the amount of equal to $15,000 (the “Amendment Fee”), 75,000 which fee is fully-shall be fully earned as of and due and payable on the date of this Amendmenthereof.
Appears in 1 contract
Samples: Credit Agreement (Ciber Inc)
Amendment Fee. In consideration of the agreements set forth hereinthis Amendment, Borrower agrees to shall pay to Agent, Agent (for the benefit account of the Lenders, a non-refundable ) an amendment fee in the amount of $15,000 50,000 (the “"Amendment Fee”"), which fee is fully-shall be fully earned as of and due and payable on the date hereof and which may be charged directly to the loan account of this AmendmentBorrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Westpoint Stevens Inc)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to shall pay to Agent, Agent for the ratable benefit of the Lenders, a non-refundable Lenders an amendment fee in the amount of $15,000 (the “Amendment Fee”)) equal to $62,500, which fee Amendment Fee is fully-earned as of and due and payable on the date of this Amendmenthereof and is non-refundable when paid.
Appears in 1 contract
Samples: Credit Agreement (JMP Group LLC)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to Borrowers shall pay to Agent, for the benefit ratable account of the LendersLenders with Revolver Commitments, a non-refundable amendment fee in the amount of equal to $15,000 7,500 (the “"Amendment Fee”), ") which fee is fully-shall be fully earned as of and due and payable on the date of this Amendmenthereof.
Appears in 1 contract
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to Borrowers shall pay to Agent, for the benefit of the Lenders, a non-refundable Agent an amendment fee in the amount of equal to $15,000 (the “Amendment Fee”), 50,000 which fee is fully-earned as of and will be due and payable by Borrowers, and fully earned by Agent, on the date of this Amendment.
Appears in 1 contract
Samples: Credit Agreement (Youbet Com Inc)
Amendment Fee. In consideration of the agreements amendments set forth herein, Borrower agrees to Borrowers shall pay to Agent for the ratable account of Lenders, and Agent may, at its option, charge the account of Borrowers maintained by Agent, for the benefit of the Lenders, a non-refundable amendment fee in the amount of $15,000 (the “Amendment Fee”)450,000, which fee shall constitute part of the Obligations and is fully-fully earned as of the date hereof and due and which shall be payable $225,000 on the date hereof and $225,000 on the first anniversary of this Amendmentthe date hereof.
Appears in 1 contract
Samples: Loan and Security Agreement (J Crew Operating Corp)
Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to Borrowers shall pay to the Agent, for the benefit account of the LendersBanks in accordance with their respective Revolving Credit Commitments, a non-refundable an amendment fee in equal to Five Thousand and 00/100 Dollars ($5,000) per each Bank party to the amount of $15,000 Existing Credit Agreement (the “Amendment Fee”), which fee is fully-earned as of and due and payable on . The Agent shall promptly distribute the date of this AmendmentAmendment Fee to each Bank party to the Existing Credit Agreement upon receipt by the Agent.
Appears in 1 contract
Samples: Loan Agreement (Baker Michael Corp)
Amendment Fee. In consideration of the agreements set forth hereinAgent and each Lenders' agreement to enter into this Amendment, Borrower agrees to will pay to Agent, Agent for the benefit account of the Lenders, a non-refundable Lenders an amendment fee in the aggregate amount of $15,000 20,000 (the “"Amendment Fee”"), which fee is fully-earned as of and shall be due and payable on the date of effectiveness of this Amendment.
Appears in 1 contract
Amendment Fee. In consideration of the agreements amendments set forth herein, Borrower agrees to Borrowers shall pay to Agent for the ratable benefit of Lenders) or Agent, for at its option, may charge the benefit account of the LendersBorrower maintained by Agent, a non-refundable an amendment fee in the amount of $15,000 (the “Amendment Fee”)446,875.00, which fee is fully-fully earned and payable as of and due and payable on the date hereof and shall constitute part of this Amendmentthe Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (Pep Boys Manny Moe & Jack)
Amendment Fee. In consideration of the agreements set forth herein, The Borrower agrees to shall pay to the Agent, for the ratable benefit of the Lenders, a non-refundable an amendment fee in the amount of $15,000 (75,000 on the “Amendment Fee”)execution of the Amendment, which amendment fee is fully-earned as of and due and payable on may be charged to the date of this AmendmentBorrower's Loan Account.
Appears in 1 contract
Amendment Fee. In consideration of Upon execution hereof, the agreements set forth herein, Borrower agrees to Borrowers shall pay to the Agent, for the benefit ratable account of the Agent and the Lenders, a non-refundable an amendment fee in the amount of $15,000 (the “Amendment Fee”) in the amount of Forty Thousand Dollars ($40,000), which, at the Agent’s option, may be charged as an advance and a Revolving Loan under the Credit Agreement, and which fee is fully-fully earned and payable as of and due and payable on the date of this Amendment.
Appears in 1 contract
Amendment Fee. In consideration of the agreements set forth hereinTo induce Agent and Lenders to enter into this Amendment, Borrower agrees to pay to Agent, for the ratable benefit of the Lenders, a non-refundable amendment fee in the amount of equal to $15,000 32,500 (the “Amendment Fee”), which fee is fully-earned as of and shall be due and payable on the date of this Amendmenthereof.
Appears in 1 contract
Samples: Credit Agreement (Navarre Corp /Mn/)
Amendment Fee. In consideration of the agreements set forth hereinthis Amendment, Borrower agrees to Borrowers shall pay to Agent, Agent (for the benefit account of the Lenders, Lenders on a non-refundable pro rata basis according to their respective Commitments) an amendment fee in the amount of $15,000 (the “Amendment Fee”)100,000, which fee is fully-shall be fully earned as of and due and payable on the date hereof and which may be charged directly to the loan account of this Amendmentany Borrower.
Appears in 1 contract
Amendment Fee. In consideration of the agreements of Agent and Lenders and the amendments to the Loan Agreement set forth hereinin this Amendment, Borrower agrees to Borrowers shall pay to Agent, for the benefit account of the Lenders, a non-refundable amendment fee in the amount of $15,000 (the “Amendment Fee”)70,000, which fee is fully-fully earned and payable by Borrowers to Agent as of and due and payable on the date hereof and may, at Agent's sole option, be charged by Agent to any account of this AmendmentBorrowers maintained by Agent.
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Amendment Fee. In As consideration of the agreements set forth hereinfor entering into this Amendment, Borrower agrees Borrowers agree to pay to Agent, for the ratable benefit of the Lenders, a non-refundable an amendment fee in the amount of $15,000 25,000 (the “Amendment Fee”), which fee is fully-shall be fully earned as of on the date hereof and due and which fee shall be payable (x) $5,000 on the date of this Amendment.Agreement and shall be charged to Borrowers’ Account and (y) $20,000 on November 16, 2009 and which may be charged to Borrowers’ Account on such date
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Samples: Term Loan and Security Agreement (Best Energy Services, Inc.)
Amendment Fee. In consideration of this Amendment, Subject to Section 2.10 of the agreements set forth hereinLoan Agreement, on the signing of this Amendment the Borrower agrees to shall pay to the Agent, for the benefit of the Lenders, a non-refundable an amendment fee in the amount of Fifty Thousand Dollars ($15,000 (the “Amendment Fee”50,000.00), which fee is fully-earned as of and due and payable on the date of this Amendment.
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Samples: Loan and Security Agreement (American Builders & Contractors Supply Co Inc)
Amendment Fee. In consideration of the agreements of Agent and Lenders and the amendments to the Loan Agreement set forth hereinin this Amendment, Borrower agrees to Borrowers shall pay to Agent, for the benefit account of the Lenders, a non-refundable amendment fee in the amount of $15,000 (the “Amendment Fee”)30,000, which fee is fully-fully earned and payable by Borrowers to Agent as of and due and payable on the date hereof and may, at Agent's sole option, be charged by Agent to any account of this AmendmentBorrowers maintained by Agent.
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Amendment Fee. In consideration of the agreements set forth hereinUpon execution hereof, Borrower agrees to shall pay to Agent, for the benefit account of Agent and the Lenders, a non-refundable an amendment fee in the amount of $15,000 (the “Amendment Fee”) in the amount of One Hundred Eighty-Seven Thousand Five Hundred Dollars ($187,500), which, at Agent’s option, may be charged as an advance and a Revolving Loan under the Loan Agreement, and which fee is fully-fully earned and payable as of and due and payable on the date of this AmendmentAmendment and non-refundable for any reason.
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Amendment Fee. In consideration of the agreements set forth herein, The Borrower hereby agrees to pay to Agent, for in full on the benefit of the Lendersdate hereof, a non-refundable an amendment fee in the amount of $15,000 100,000 (the “"Amendment Fee”"), which fee is fully-shall be (a) fully earned as of and due and payable on the date hereof, (b) non-refundable when paid and (c) capitalized and added to the outstanding principal amount of this Amendmentthe Advances (and thereafter constitute Advances for all purposes under the Loan Documents).
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Amendment Fee. In consideration Upon execution of the agreements set forth hereinthis Amendment, Borrower agrees to Borrowers shall pay to Agent, for the benefit of the Lenders, a non-refundable Agent an amendment fee in the amount of Forty Thousand Dollars ($15,000 40,000.00) (the “"Amendment Fee”"), which fee may be charged as a Committed Loan or charged to any bank account of any Borrower maintained with Agent. The foregoing Amendment Fee is fully-in addition to the interest and other amounts which Borrowers are required to pay under the Loan Documents, and is fully earned as of and due and payable on the date of this Amendmentnonrefundable.
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Amendment Fee. In consideration of The Borrowers shall have paid to the agreements set forth herein, Borrower agrees to pay to Agent, for the benefit of the LendersLenders with a Term Loan Commitment, in immediately available funds, a non-refundable fully earned and nonrefundable amendment fee in equal to $10,000, the amount payment of $15,000 which shall be effected by Agent charging such fee to Borrowers' Loan Account. (the “Amendment Fee”d), which fee is fully-earned as of and due and payable on the date of this Amendment.
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Amendment Fee. In consideration Upon execution of the agreements set forth hereinthis Amendment, Borrower agrees to shall pay to Agent, for the benefit of the Lenders, a non-refundable an amendment fee in the amount of Fifty Thousand Dollars ($15,000 50,000.00) (the “Amendment Fee”). The foregoing Amendment Fee is in addition to the interest and other amounts which Borrower is required to pay under the Loan Documents, which fee and is fully-fully earned as of and due and payable on the date of this Amendmentnonrefundable.
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Amendment Fee. In consideration of the agreements set forth hereinaddition to all other fees, Borrower agrees to pay charges, interest and expenses payable by Borrowers to Agent, Borrowers shall pay to Agent for the ratable benefit of the Lenders, Revolving Loan Lenders a non-refundable amendment fee for entering into this Amendment in the an amount of equal to $15,000 (the “Amendment Fee”)200,000, which fee is fully-fully earned as of the date hereof and due and payable on the date hereof, and which Agent may, at its option, charge directly to the loan account(s) of this AmendmentBorrowers.
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Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to Borrowers shall pay to Agent, for the benefit of the Lenders, Agent a non-refundable amendment fee in the amount of equal to $15,000 225,000 (the “"Amendment Fee”), ") which fee is fully-shall be fully earned as of and due and payable on the date of this Amendmenthereof.
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Amendment Fee. In consideration of the agreements set forth herein, Borrower agrees to shall pay to Agent, Agent for the ratable benefit of the Lenders, a non-refundable Lenders an amendment fee in the an amount of equal to $15,000 40,000 (the “"Amendment Fee”), which fee is fully-earned as of and due and payable on ") immediately prior to the effective date of this AmendmentAgreement. Agent shall charge the Amendment Fee to Borrower's loan account. The Amendment Fee shall not be subject to reduction, proration, rebate of any kind.
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Samples: Credit Loan and Security Agreement (Fonda Group Inc)