Common use of Amendment Fee Clause in Contracts

Amendment Fee. In consideration of entering into this Amendment, Borrowers agree to pay to Agent, for the ratable benefit of itself and each Lender, an amendment fee in the amount of $50,000.00 (the “Amendment Fee”), which fee shall be fully earned and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reason.

Appears in 2 contracts

Sources: Revolving Credit and Security Agreement (IBEX LTD), Revolving Credit and Security Agreement (IBEX LTD)

Amendment Fee. In consideration of entering into this Amendment, The Borrowers agree to shall pay to the Agent, for in addition to all other fees and charges in the ratable benefit of itself and each LenderLoan Agreement, an a non-refundable amendment fee in the amount of equal to $50,000.00 50,000 (the “Amendment Fee”), which fee shall be fully . The Borrowers hereby acknowledge and agree that the foregoing Amendment Fee is fully-earned and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination as of the Credit Agreement date hereof and non-refundable for any reason.

Appears in 2 contracts

Sources: Loan, Guaranty and Security Agreement (Key Tronic Corp), Loan, Guaranty and Security Agreement (Key Tronic Corp)

Amendment Fee. In consideration for the agreements and accommodations of entering into this AmendmentAgent and ▇▇▇▇▇▇▇ set forth herein, Borrowers hereby agree to pay to Agent, for the ratable benefit of itself and each Lenderthe Lenders, an amendment fee on the date hereof in the an amount of equal to $50,000.00 250,000 (the "Amendment Fee"), which fee . The Amendment Fee shall be fully fully-earned and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasonnon- refundable when paid.

Appears in 2 contracts

Sources: Revolving Credit, Term Loan and Security Agreement (B. Riley Financial, Inc.), Revolving Credit, Term Loan and Security Agreement (B. Riley Financial, Inc.)

Amendment Fee. In consideration of entering into this Amendment, Borrowers agree to Borrower will pay to Agent, for the ratable benefit account of itself and each Lenderthe Lenders (in accordance with Section 2.6 of the Loan Agreement), an amendment fee in the amount of $50,000.00 (the “Amendment Fee”) equal to Two Hundred Fifty Thousand Dollars ($250,000), which fee . The Amendment Fee shall be fully earned and earned, due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasondate hereof.

Appears in 2 contracts

Sources: Loan and Security Agreement (Phathom Pharmaceuticals, Inc.), Loan and Security Agreement (Phathom Pharmaceuticals, Inc.)

Amendment Fee. In consideration of entering into this Amendmentthe agreements set forth herein, Borrowers agree Borrower hereby agrees to pay to Agent, for the ratable benefit of itself and each Lender, Agent an amendment fee in the amount of $50,000.00 50,000 (the “Amendment Fee”), which fee shall be fully is non-refundable when paid and is fully-earned as of and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination date of the Credit Agreement for any reasonthis Amendment.

Appears in 2 contracts

Sources: Revolving Credit and Security Agreement (Boot Barn Holdings, Inc.), Revolving Credit and Security Agreement (Boot Barn Holdings, Inc.)

Amendment Fee. In consideration of entering into this Amendment, Borrowers agree shall have paid to pay to AgentAgent an amendment fee, for the ratable benefit of itself and each Lenderthe Lenders, an amendment fee in the amount of $50,000.00 (the “Amendment Fee”)50,000, which fee shall be fully earned and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination as of the Credit Agreement for date hereof and non-refundable under any reasonand all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account).

Appears in 2 contracts

Sources: Credit Agreement (Dixie Group Inc), Credit Agreement (Dixie Group Inc)

Amendment Fee. In consideration of entering into this Amendmentthe agreements set forth herein, Borrowers agree Borrower agrees to pay to Agent, for the ratable benefit of itself and each Lenderthe Lenders, an a non-refundable amendment fee in the amount of $50,000.00 15,000 (the “Amendment Fee”), which fee shall be fully is fully-earned as of and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination date of the Credit Agreement for any reasonthis Amendment.

Appears in 2 contracts

Sources: Credit Agreement (Infocus Corp), Credit Agreement (Infocus Corp)

Amendment Fee. In consideration The Borrower shall pay the Agent as of entering into this Amendmentthe date hereof a fully earned, Borrowers agree to pay to Agent, for the ratable benefit of itself and each Lender, an amendment non-refundable fee in the amount of $50,000.00 (the “Amendment Fee”), which fee shall be fully earned and due and payable 200,000 in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination consideration of the Credit Agreement for any reasonLenders' execution of this Amendment.

Appears in 1 contract

Sources: Credit and Security Agreement (Sheldahl Inc)

Amendment Fee. In consideration of entering into this Amendment, Borrowers agree to shall pay to Agent, for the ratable benefit of itself and each Lenderthe Lenders, an amendment fee in the amount of equal to $50,000.00 250,000 (the "Amendment Fee"), which fee shall be fully earned as of the date hereof and due shall be payable and payable in full non-refundable on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasondate hereof.

Appears in 1 contract

Sources: Credit Agreement (SkyWater Technology, Inc)

Amendment Fee. In consideration of entering into this Amendment, Borrowers agree to Borrower shall pay to the Agent, for as of the ratable benefit of itself date hereof a fully earned and each Lender, an non-refundable amendment fee in the amount of $50,000.00 (the “Amendment Fee”), which fee shall be fully earned and due and payable 50,000 in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination consideration of the Credit Agreement for any reasonAgent and the Lender’s execution and delivery of this Amendment.

Appears in 1 contract

Sources: Credit Agreement (Alion Science & Technology Corp)

Amendment Fee. In consideration of entering into this Amendmentthe amendments made to the Loan Agreement hereunder, Borrowers agree the Borrower agrees to pay to Agentthe agent a one-time, for the ratable benefit of itself and each Lender, an non-refundable amendment fee in the amount of $50,000.00 (the "Amendment Fee”), ") which fee shall be fully earned and due and payable in full on at the Tenth time this Amendment Effective Date and shall not be subject to rebate or proration upon termination of is executed by the Credit Agreement for any reasonBorrower.

Appears in 1 contract

Sources: Loan Agreement (Ag Services of America Inc)

Amendment Fee. In consideration of entering into this Amendment, The Borrowers agree to shall pay to Agent, for the ratable benefit of itself and each Lender, an amendment a non-refundable upfront fee in the amount of equal to $50,000.00 59,250 (the "Amendment Fee"), which fee Amendment Fee shall be fully earned and due and payable in full and fully earned on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasondate hereof.

Appears in 1 contract

Sources: Credit and Security Agreement (Katy Industries Inc)

Amendment Fee. In consideration of entering into the other changes in terms made pursuant to this Amendment, Borrowers agree the Borrower agrees to pay to Agent, the Agent for the ratable benefit of itself and each Lenderthe Lenders, an amendment fee in the amount of One Hundred Thirteen Thousand Five Hundred Fifty and No/100ths Dollars ($50,000.00 (113,550.00). The amendment fee shall be due and payable on the “Amendment Fee”)date of this Amendment, which fee shall be fully earned and due and payable in full on the Tenth Amendment Effective Date date it becomes payable, and shall not be subject to rebate or proration upon termination at the option of the Credit Agreement for any reasonAgent shall be paid by Agent initiated Revolving Loans.

Appears in 1 contract

Sources: Credit Agreement (PSF Group Holdings Inc)

Amendment Fee. In consideration of entering into this Amendmentthe amendments and waivers contained herein, the Borrowers hereby jointly and severally agree to pay to Agent, for the ratable benefit of itself its sole and each Lenderseparate account, an a non-refundable amendment fee in the amount of $50,000.00 25,000 (the “Amendment Fee”), which fee shall be fully . The Amendment Fee is fully-earned as of and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasondate hereof.

Appears in 1 contract

Sources: Credit Agreement (Magnetek Inc)

Amendment Fee. In consideration of entering into this Amendment, Borrowers agree to shall pay to Agent, for the ratable benefit of itself and each Lender, Agent an amendment fee in the amount of equal to $50,000.00 (the “Amendment Fee”), 50,000 which fee shall will be fully earned and due and payable in full by Borrowers, and fully earned by Agent, on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination date of the Credit Agreement for any reasonthis Amendment.

Appears in 1 contract

Sources: Credit Agreement (Youbet Com Inc)

Amendment Fee. In As consideration of entering into for the agreements contemplated by this Amendment, Borrowers hereby agree to pay to Agent, for the ratable benefit of itself and each Lenderthe Lenders, an amendment fee in the amount of $50,000.00 (the "Amendment Fee") equal to twenty (20) basis points of the aggregate Revolving Loan Commitments after giving effect to this Amendment (i.e. an amount equal to $500,000), for the ratable benefit of each Lender, which fee Amendment Fee shall be fully fully-earned and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasonnon-refundable when paid.

Appears in 1 contract

Sources: Loan and Security Agreement (Century Aluminum Co)

Amendment Fee. In consideration of entering into this Amendment, Borrowers agree Borrower hereby agrees to pay to Agent, for the ratable benefit of itself and each Lenderthe Lenders, an amendment fee in the amount of $50,000.00 58,750 (the "Amendment Fee"), which fee payable on the date hereof. The Amendment Fee shall be fully earned and when due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasonnon-refundable when paid.

Appears in 1 contract

Sources: Revolving Credit, Term Loan and Security Agreement (Cti Industries Corp)

Amendment Fee. In consideration of entering into connection with this Amendment, the Borrowers agree to shall pay to Agent, for its sole and separate account and not for the ratable benefit of itself and each account for any Lender, an any amendment fee in the amount of $50,000.00 50,000 (the “Amendment Fee”), which fee shall be fully earned and . The Amendment Fee is due and payable in full on the Tenth Amendment Effective Date date hereof, will be deemed fully earned on the date hereof, and shall not will be subject to rebate or proration upon termination of the Credit Agreement for any reasonnon-refundable when paid.

Appears in 1 contract

Sources: Term Loan Credit Agreement (Nautilus, Inc.)

Amendment Fee. In consideration Upon execution of entering into this Amendment, Borrowers agree to Borrower shall pay to Agent, Agent for the ratable benefit of itself and each Lender, Lenders an amendment fee in the amount of Fifty Thousand Dollars ($50,000.00 50,000.00) (the “Amendment Fee”), which fee shall may be charged as a Revolving Advance or charged to any bank account of Borrower maintained with Agent or any Lender. The foregoing Amendment Fee is in addition to the interest and other amounts which Borrower is required to pay under the Other Documents, and is fully earned and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasonnonrefundable.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Kenexa Corp)

Amendment Fee. In consideration of entering Agent’s agreement to enter into this AmendmentAgreement, Borrowers agree to pay to Agent, for the ratable benefit of itself and each Lenderall Lenders in accordance with their Pro Rata Share of the Revolving Loan Commitments, an amendment fee in the amount of $50,000.00 [***] (the “Amendment Fee”), which fee . The Amendment Fee shall be fully earned and due and payable in full cash on the Tenth date hereof. The Amendment Effective Date and Fee shall not be subject to rebate or proration upon termination of deemed fully-earned on the Credit Agreement for any reasondate hereof and, once paid, is non-refundable.

Appears in 1 contract

Sources: Credit, Security and Guaranty Agreement (Arq, Inc.)

Amendment Fee. In As consideration of entering into for the agreements contemplated by this Amendment, Borrowers hereby agree to pay to Agent, for the ratable benefit of itself and each Lenderthe Lenders, an amendment fee in the amount of $50,000.00 (the "Amendment Fee") equal to twenty (20) basis points of the aggregate Revolving Loan Commitments after giving effect to this Amendment (i.e. an amount equal to $500,000), for the ratable benefit of each Lender increasing its Revolving Loan Commitment pursuant to this Amendment, which fee Amendment Fee shall be fully fully-earned and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasonnon-refundable when paid.

Appears in 1 contract

Sources: Loan and Security Agreement (Century Aluminum Co)

Amendment Fee. In As consideration of for Agent and Lenders entering into this Amendment, Borrowers agree Borrower hereby agrees to pay to Agent, for the ratable benefit of itself and each LenderLenders, an amendment fee in the amount of equal to $50,000.00 125,000.00 (the “Amendment Fee”), which fee shall be fully earned and . The Amendment Fee is due and payable in full on upon the Tenth closing of this Amendment. Borrower agrees that the Amendment Effective Date Fee has been fully earned by Agent and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasonLenders and is non-refundable.

Appears in 1 contract

Sources: Receivables Loan Agreement (Bluegreen Vacations Corp)

Amendment Fee. In consideration of entering into this Amendment, Borrowers agree Borrower hereby agrees to pay to Agent, for the ratable benefit of itself and each Lenderthe Lenders, an amendment fee in the amount of $50,000.00 34,500 (the "Amendment Fee"), which fee payable on the date hereof. The Amendment Fee shall be fully earned and when due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasonnon-refundable when paid.

Appears in 1 contract

Sources: Revolving Credit, Term Loan and Security Agreement (Cti Industries Corp)

Amendment Fee. In consideration of entering into this Amendment, Borrowers agree to Borrower shall pay to Agent, for the ratable benefit of itself and each Lenderthe Lenders, an a non-refundable amendment fee in the an amount of equal to $50,000.00 40,000 (the “Amendment Fee”), which fee Amendment Fee shall be fully earned and due and payable in full immediately available funds on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasondate hereof.

Appears in 1 contract

Sources: Credit Agreement (SWK Holdings Corp)

Amendment Fee. In consideration of entering into this Amendmentthe agreements set forth herein, Borrowers hereby agree to jointly and severally pay to Agent, Agent for the ratable benefit of itself and each Lenderits benefit, an amendment fee in the amount of $50,000.00 50,000 (the “Amendment Fee”), which fee shall be fully is non-refundable when paid and is fully-earned as of and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination date of the Credit Agreement for any reason.this Amendment. ​

Appears in 1 contract

Sources: Loan and Security Agreement (iMedia Brands, Inc.)

Amendment Fee. In consideration of entering into this Amendmentthe agreements set forth herein, the U.S. Borrowers hereby agree to pay to Agent, for the ratable benefit of itself and each Lenderthe Lenders, an amendment fee in the amount of $50,000.00 50,000 (the “Amendment Fee”), which fee shall be fully is non-refundable when paid and is fully-earned as of and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination date of the Credit Agreement for any reasonthis Amendment.

Appears in 1 contract

Sources: Revolving Credit, Term Loan and Security Agreement (Twist Beauty S.a r.l. & Partners S.C.A.)

Amendment Fee. In consideration of entering into connection with this AmendmentAgreement, the Borrowers agree to shall pay to Agent, for its sole and separate account and not for the ratable benefit account of itself and each any Lender, an amendment fee in the amount of $50,000.00 50,000 (the “Amendment Fee”), which fee shall be fully earned and . The Amendment Fee is due and payable in full on the Tenth Amendment No. 6 Effective Date Date, will be deemed fully earned on the date when due, and shall not will be subject to rebate or proration upon termination of the Credit Agreement for any reasonnon-refundable when paid.

Appears in 1 contract

Sources: Credit Agreement (Nautilus, Inc.)

Amendment Fee. In consideration of entering into this Amendmentthe agreements set forth herein, Borrowers agree each Borrower hereby agrees to pay to Agent, for the ratable benefit of itself its sole and each Lenderseparate account, an amendment fee in the aggregate amount of $50,000.00 200,000 (the “Amendment Fee”), which fee shall be fully is non-refundable when paid and is fully-earned as of and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination date of the Credit Agreement for any reasonthis Amendment.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.)

Amendment Fee. In consideration of entering into this Amendmentthe agreements set forth herein, Borrowers hereby agree to pay to Agent, for the ratable benefit of itself and each LenderLenders, an amendment fee in the amount of $50,000.00 (the “Amendment Fee”)200,000, which fee shall be fully is non-refundable when paid and is fully-earned as of the Second Amendment Effective Date and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasonNovember 8, 2017.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Quantum Corp /De/)

Amendment Fee. In consideration of entering into this Amendmentaddition to all other fees and charges, Borrowers agree Borrower agrees to pay to AgentAgent on the date hereof a fully-earned, for the ratable benefit of itself and each Lender, an non-refundable amendment fee in the amount of $50,000.00 50,000 (the “Amendment Fee”), which fee shall be fully earned and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reason.

Appears in 1 contract

Sources: Loan and Security Agreement (Fuel Systems Solutions, Inc.)

Amendment Fee. In consideration of entering into this Amendment, Borrowers agree to Borrower shall pay to Agent, for the ratable benefit of itself and each Lender, an amendment fee in the amount of equal to $50,000.00 50,000 (the “Amendment Fee”), which fee shall be payable, fully earned and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination non-refundable as of the Credit Agreement for any reasoneffectiveness of this Amendment.

Appears in 1 contract

Sources: Credit Agreement (Power Solutions International, Inc.)

Amendment Fee. In consideration of entering into this Amendment, Borrowers agree to Borrower shall pay to Agent, Agent for the ratable benefit of itself and each Lender, the Lenders an amendment fee in the amount of $50,000.00 (the “Amendment Fee”)) equal to $62,500, which fee shall be fully Amendment Fee is fully-earned and due and payable in full on the Tenth Amendment Effective Date date hereof and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasonis non-refundable when paid.

Appears in 1 contract

Sources: Credit Agreement (JMP Group LLC)

Amendment Fee. In consideration of entering into this Amendment, Borrowers agree to shall pay to Agent, for the ratable benefit of itself and each Lender, an Agent a non-refundable amendment fee in the amount of equal to $50,000.00 50,000 (the “Amendment Fee”), ) which fee shall be fully earned and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination of the Credit Agreement for any reasondate hereof.

Appears in 1 contract

Sources: Credit Agreement (Renewable Energy Group, Inc.)

Amendment Fee. In consideration of entering into this Amendment, The Borrowers agree to shall pay to the Agent, for in addition to all other fees and charges in the ratable benefit of itself and each LenderLoan Documents, an a non-refundable amendment fee in the amount of equal to $50,000.00 155,000 (the “Amendment Fee”), which fee shall be fully . The Borrowers hereby acknowledge and agree that the foregoing Amendment Fee is fully-earned and due and payable in full on the Tenth Amendment Effective Date and shall not be subject to rebate or proration upon termination as of the Credit Agreement date hereof and non-refundable for any reason.

Appears in 1 contract

Sources: Loan and Security Agreement (Mynd.ai, Inc.)