Backstop Fees Sample Clauses

Backstop Fees. Subject to Section 38, the Backstop Parties shall be entitled to the following fees: (i) The Initial Backstop Parties shall be entitled to: (a) Cash on the Implementation Date in an amount equal to 2.25% of the Initial Backstop Amount; plus (b) Cash on the Implementation Date in an amount equal to 1.0% of the Additional Backstop Amount. (ii) The Additional Backstop Parties shall be entitled to: (a) Cash on the Implementation Date in an amount equal to 2.25% of the Additional Backstop Amount.
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Backstop Fees. 5.00%, payable to the Exit Backstop Parties on a date to be agreed in the definitive backstop agreement; provided that such time shall be prior to the commencement of the Chapter 11 Cases. Maturity Date: 5 years from the Effective Date of the Chapter 11 Plan. Interest Rate: 8.00% in the event the Tranche A Exit Senior Unsecured Notes are rated Ba2 or better by Xxxxx’x Investors Services, Inc. (“Moody’s”), and 9.00% in the event the Tranche A Exit Senior Unsecured Notes are rated Ba3 or worse by Moody’s, in each case plus flex as set forth on Annex A hereto. Default Rate: Additional 2.00%.
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Backstop Fees. As consideration for the Backstop Loan Commitment, Tembec shall pay to JPMSI $355,000 on January 2, 2008 which fee shall be non-refundable and earned by JPMSI on the JPMSI Backstop Date. Tembec agrees to (i) deliver New Common Shares as provided in Sections 35 and 38, as the case may be, of the Term Sheet to JPMSI (or an affiliate designated by JPMSI) as an Initial Backstop Party in an amount equal to (A) JPMSI’s Commitment Percentage multiplied by (B) the aggregate number of New Common Shares to be delivered to the Initial Backstop Parties pursuant to Sections 35 and 38, as the case may be, of the Term Sheet and (ii) pay a portion of the fees as provided in Section 36 of the Term Sheet to JPMSI (or an affiliate designated by JPMSI) as an Initial Backstop Party in an amount equal to (A) JPMSI’s Commitment Percentage multiplied by (B) the aggregate amount of fees to be paid to the Initial Backstop Parties pursuant to Section 36 of the Term Sheet, in each case, on the terms and conditions set forth in the Term Sheet.
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Backstop Fees. In consideration for the Backstop Lenders backstopping the Total Senior Creditor Risk Participation Amount, the Company shall pay in cash an aggregate backstop commitment fee of 5% of the Total Senior Creditor Risk Participation Amount (the “Backstop Fees”) in the following proportions:
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Backstop Fees. As consideration for the Backstop Loan Commitment, Tembec shall pay to JPM $2,645,000 on January 2, 2008 which fee shall be non-refundable and earned by JPM on the JPM Backstop Date. Tembec agrees to deliver New Common Shares as provided in Section 35 of the Term Sheet and pay the fees set forth in Section 36 of the Term Sheet on the terms and conditions set forth in the Term Sheet. Tembec shall pay any fees payable to the Initial Backstop Parties pursuant to Section 36 of the Term Sheet (other than the fees payable to JPMSI which shall be paid pursuant to the JPMSI Backstop Commitment Agreement) to JPM on behalf of the Initial Backstop Parties, and shall pay any fees payable to JPM pursuant to Section 38 of the Term Sheet, in each case when such fees would otherwise be paid to the Initial Backstop Parties.
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Backstop Fees. As consideration for the Commitment Amount, ACI shall pay to the Backstop Party on the Closing Date, as a commitment fee, $50 in principal amount of First Lien Notes (rounded down to the nearest $1.00) and 53.895 Series A Warrants, 53.895 Series B Warrants and 53.895 Series C Warrants for each $1,000 of the Commitment Amount, which First Lien Notes and Warrants shall be issued on the Closing Date and conditioned upon completion of the Recapitalization and the consummation of the Concurrent Offering; provided, further, that ACI shall have no obligation to pay such fee in the event that the Backstop Party fails to fund the Call Amount as and when required hereby (unless no amount is called by ACI in the event the Aggregate Backstop Call Amount is equal to zero, in which case such fee will be paid). In the event that the Recapitalization is not completed or the Concurrent Offering is not consummated (for any reason), no fee or other consideration shall be payable pursuant to this Section 4, in lieu of such First Lien Notes and Warrants or otherwise.
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Backstop Fees. See “Convertible Junior DIP Facility Claims” section.
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Related to Backstop Fees

  • Closing Fees On the Effective Date, the Borrowers shall pay to the Administrative Agent, for the benefit of the Lenders, the upfront fees due to the Lenders as heretofore agreed.

  • Agent’s Fees The Borrower shall pay to the Agent for its own account such fees as may from time to time be agreed between the Borrower and the Agent.

  • Placement Agent’s Fees Except as set forth on Schedule 2.12, no brokerage or finder’s fee or commission are or will be payable to any Person with respect to the transactions contemplated by this Agreement based upon arrangements made by the Company or any of its affiliates. The Company agrees that it shall be responsible for the payment of any placement agent’s fees, financial advisory fees, or brokers’ commissions (other than for persons engaged by Purchaser) relating to or arising out of the transactions contemplated hereby. The Company shall pay, and hold the Purchaser harmless against, any liability, loss or expense (including, without limitation, attorney’s fees and out-of-pocket expenses) arising in connection with any claim for any such fees or commissions.

  • Transaction Fees The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida.

  • Escrow Fees The fee of the Escrow Agent is a fee of $1,500, $750 of which shall be paid by the registrant at the opening of escrow and the remainder of which fee shall be paid after the close of the offering. In addition, all hard costs (wire fees, etc.) shall be deducted from disbursements.

  • L/C Fees Borrower shall pay to Agent for the account of each Lender in accordance with its Applicable Percentage an L/C fee (the “L/C Fee”) for each Letter of Credit equal to the Applicable Rate times the daily amount available to be drawn under such Letter of Credit. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.06. L/C Fees shall be (A) due and payable on the first Business Day of each of April, July, October and January, in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the L/C Expiration Date and thereafter on demand and (B) computed on a quarterly basis in arrears. If there is any change in the Applicable Rate during any quarter, the daily amount available to be drawn under each Letter of Credit shall be computed and multiplied by the Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect. Notwithstanding anything to the contrary contained herein, upon the request of the Required Lenders, while any Event of Default exists, all L/C Fees shall accrue at the Default Rate.

  • ADS Fees The following ADS fees are payable under the terms of the Deposit Agreement: (1) Issuance of ADSs (e.g., an issuance upon a deposit of Shares, upon a change in the ADS(s)-to-Share(s) ratio, or for any other reason), excluding issuances as a result of distributions described in paragraph (4) below. Up to U.S. $5.00 per 100 ADSs (or fraction thereof) issued. Person for whom ADSs are issued. (2) Cancellation of ADSs (e.g., a cancellation of ADSs for Delivery of deposited Shares, upon a change in the ADS(s)-to-Share(s) ratio, or for any other reason). Up to U.S. $5.00 per 100 ADSs (or fraction thereof) cancelled. Person for whom ADSs are being cancelled. (3) Distribution of cash dividends or other cash distributions (e.g., upon a sale of rights and other entitlements). Up to U.S. $5.00 per 100 ADSs (or fraction thereof) held. Person to whom the distribution is made. (4) Distribution of ADSs pursuant to (i) stock dividends or other free stock distributions, or (ii) an exercise of rights to purchase additional ADSs. Up to U.S. $5.00 per 100 ADSs (or fraction thereof) held. Person to whom the distribution is made. (5) Distribution of securities other than ADSs or rights to purchase additional ADSs (e.g., spin-off shares). Up to U.S. $5.00 per 100 ADSs (or fraction thereof) held. Person to whom the distribution is made.

  • Acquisition Fees As compensation for the investigation, selection, sourcing and acquisition or origination (by purchase, investment or exchange) of Properties, Loans and other Permitted Investments, the Company shall pay an Acquisition Fee to the Advisor for each such investment (whether an acquisition or origination). With respect to the acquisition or origination of a Property, Loan or other Permitted Investment to be wholly owned, directly or indirectly, by the Company, the Acquisition Fee payable to the Advisor shall equal 1.0% of the sum of the amount actually paid or allocated to fund the acquisition, origination, development, construction or improvement of the Property, Loan or other Permitted Investment, inclusive of the Acquisition Expenses associated with such Property, Loan or other Permitted Investment and the amount of any debt associated with, or used to fund the investment in, such Property, Loan or other Permitted Investment. With respect to the acquisition or origination of a Property, Loan or other Permitted Investment through any Joint Venture or any partnership in which the Company or the Partnership is, directly or indirectly, a partner, the Acquisition Fee payable to the Advisor shall equal 1.0% of the portion of the amount actually paid or allocated to fund the acquisition, origination, development, construction or improvement of the Property, Loan or other Permitted Investment, inclusive of the Acquisition Expenses associated with such Property, Loan or other Permitted Investment, plus the amount of any debt associated with, or used to fund the investment in, such Property, Loan or other Permitted Investment that is attributable to the Company’s investment in such Joint Venture or partnership. Notwithstanding anything herein to the contrary, the payment of Acquisition Fees by the Company shall be subject to the limitations on Acquisition Fees contained in (and defined in) the Company’s Charter. The Advisor shall submit an invoice to the Company following the closing or closings of each acquisition or origination, accompanied by a computation of the Acquisition Fee. Generally, the Acquisition Fee payable to the Advisor shall be paid at the closing of the transaction upon receipt of the invoice by the Company. However, the Acquisition Fee may or may not be taken, in whole or in part, as to any year in the sole discretion of the Advisor. All or any portion of the Acquisition Fees not taken as to any fiscal year shall be deferred without interest and may be paid in such other fiscal year as the Advisor shall determine.

  • Agent's Fee The Borrower shall pay to the Agent for its own account fees in the amounts and at the times previously agreed upon between the Borrower and the Agent.

  • Participation Fees Vendor or vendor assigned dealer Agreements to pay the participation fee for all Agreement sales to TIPS on a monthly scheduled report. Vendor must login to the TIPS database and use the “Submission Report” section to report sales. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement. Failure to pay the participation fee will result in termination of Agreement. Please contact TIPS at tips@tips- xxx.xxx or call (000) 000-0000 if you have questions about paying fees.

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