Back-end fee. Without duplication of clause 5.2 of the Ninth Supplemental Deed, the Borrower shall pay to the Agent for distribution to the Lenders a back-end fee of [*] of the Loan on the date of the Ninth Supplemental Deed. The back-end fee shall be deemed to have been earned on the date on which the Ninth Supplemental Deed and the Amendment Documents have been signed by all the parties thereto but shall be payable as to [*] on 23 December 2010 and on each of the next three (3) anniversaries of that date PROVIDED THAT if payment of the back-end fee on any of such dates would result in a breach of the minimum Free Liquidity undertaking contained in clause 11.1.1, clause 11.1.2 or clause 11.1.4 of the Guarantee (as the case may be) on that date, payment of the back-end fee will be postponed for three (3) months PROVIDED FURTHER THAT any balance of the back-end fee outstanding on the date the Loan is repaid and cancelled in full, shall be paid on such date and PROVIDED FURTHER THAT the back-end fee in respect of the Loan may not be voluntarily prepaid in whole or in part unless the same percentage of the back-end fee payable in respect of each of the other Cash Sweep Credit Facilities is prepaid simultaneously.
Back-end fee. Without duplication of clause 5.2 of the Sixth Supplemental Deed, the Borrower shall pay to the Agent for distribution to the Lenders a back-end fee of [*] of the Loan on the date of the Sixth Supplemental Deed. The back-end fee shall be deemed to have been earned on the date on which the Sixth Supplemental Deed and the Amendment Documents have been signed by all the parties thereto [*].
Back-end fee. 6.1 The Parties have agreed that the Seller shall be entitled to a market based back end fee as follows:
(A) In respect of each Rig, a definite fixed sum of United States Dollars [***] Million [***].
(B) Additionally, in respect of each Rig, Buyer shall pay to Seller an amount to reflect the uplift in value of the Rig at the time when Buyer pays to Seller the Seller’s Credit. The amount to reflect the uplift in value of the Rig shall be calculated as follows: An amount equal to 25% of the increase in value of the Rig obtained from the difference between:
(1) the average of 3 independent broker quotes for the value of the Rig at the time of Buyer’s payment of the Seller’s Credit, and
(2) the Rig Purchase Price stated hereinabove. Less
(a) [***]% per annum of the First Instalment amount for the Rig, calculated from the date of delivery of the Rig by the Seller to the Buyer until the date the Buyer pays the Seller the Seller’s Credit; and
(b) an amount equal to the interest accrued and/or paid by Buyer to Seller in respect of the Seller’s Credit. In the event that the average of the 3 independent broker quotes is lower than the Rig Purchase Price, or if the amount to reflect the uplift in value of the Rig as calculated above results in a negative figure, then no amount under this sub-clause (B) will be payable by either Party to the other. The amounts in (A) and (B) above in respect of each Rig shall be payable by Buyer to Seller together with the repayment of the Seller’s Credit.
Back-end fee. The Borrowers, jointly and severally, agree to pay to the Lender, on the earlier of the Repayment Date or any date on which a voluntary prepayment is paid pursuant to Section 6.2 hereof (each a "Prepayment Date"), a back end fee in an amount equal to one and one quarter per cent. per annum (1.25%) of (i) the total amount of the Loan outstanding, with respect to a repayment made on the Repayment Date, or (ii) the amount of any prepayment made on a Prepayment Date (the "Back End Fee"), provided that such Back End Fee shall not exceed, in the aggregate for all Borrowers, $2,500,000.
Back-end fee. Without duplication of Clause 6.2 of the Third Supplemental Deed, the Borrower shall pay to the Agent for distribution to the Lenders a back-end fee of [*] of the Facility on the date of the Third Supplemental Deed. The back-end fee shall be deemed to have been earned on the date on which the Third Supplemental Deed and the Amendment Documents have been signed by all the parties thereto [*].
Back-end fee. The Borrowers, jointly and severally, agree to pay to the Lender on the date of this Amendment a back end fee in an amount equal to one and one quarter per cent. (1.25%) per annum of the total amount of the Loan outstanding (the "Back End Fee") in respect of the period commencing on the Drawdown Date(s) and ending on the date of this Amendment.
Back-end fee. On June 1, 2019 and on the first day of each month thereafter until Borrowers achieve the Financing Milestone, Borrowers shall pay to Lenders a cash fee equal to five percent (5%) of the aggregate Advances that are outstanding as of such date (each, a “Back-End Fee”). For the sake of clarity, if Borrowers achieve the Financing Milestone prior to June 1, 2019, no Back-End Fee shall be due or payable.
Back-end fee. Notwithstanding anything to the contrary in Section 1.6, prior to or upon the voluntary prepayment or scheduled repayment in full of the Loan, pursuant to Section 1.2, 1.6(a), Article 5 or otherwise, Borrower shall pay to Lender, on the date on which such prepayment or repayment is paid or required to be paid, as the case may be, a back-end fee (“Back-End Fee”) in an amount equal to the greater of (i) zero and (ii) (x) two million three hundred thirty-seven thousand five hundred dollars ($2,337,500) minus (y) the amount of interest payments that have been paid hereunder as of such date of determination, on such date.
Back-end fee. Without duplication of clause 5.2 of the Eighth Supplemental Deed, the Borrower shall pay to the Agent for distribution to the Lenders a back-end fee of [*] of the Loan on the date of the Eighth Supplemental Deed. The back-end fee shall be deemed to have been earned on the date on which the Eighth Supplemental Deed and the Amendment Documents have been signed by all the parties thereto [*].
Back-end fee. A new Section 3.4.7 shall be added to the Loan Agreement which reads as follows:
