Common use of Back-end fee Clause in Contracts

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 Ninth 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 Ninth Eighth Supplemental Deed. The back-end fee shall be deemed to have been earned on the date on which the Ninth Eighth 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 Ninth Fifth 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 Fifth Supplemental Deed. The back-end fee shall be deemed to have been earned on the date on which the Ninth Fifth 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 Ninth 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 Ninth Sixth Supplemental Deed. The back-end fee shall be deemed to have been earned on the date on which the Ninth Sixth 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 Ninth Fifth 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 Fifth Supplemental Deed. The back-end fee shall be deemed to have been earned on the date on which the Ninth Fifth 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 either 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.