Bonus Fee. 4.1. In the event:
a. during the Term, completes a Corporate Event (as herein defined); or
b. during the Term, the Company enters into a definitive agreement with respect to a Corporate Event, and such Corporate Event is completed within twelve (12) months of the date of termination or expiry of this Agreement, the Company shall pay to the Consultant a bonus fee equal to CAD$150,000, plus GST/HST (if applicable) (the “Bonus Fee”).
4.2. For the purposes of this Agreement, a “Corporate Event” shall mean: (i) a merger, amalgamation, consolidation, reorganization or arrangement of the Company with or into another corporation (other than a merger, amalgamation, consolidation, reorganization or arrangement of the Company with one or more of its subsidiaries), involving the Company and any other corporation or other entity or person in which the persons who were the shareholders of the Company immediately prior to such merger, amalgamation, reorganization, consolidation or other transaction own shares representing in the aggregate less than fifty percent (50%) of the votes attaching to the outstanding voting shares of the surviving or continuing entity after such merger, amalgamation, reorganization, consolidation or other transaction; (ii) the sale, exchange or transfer by the Company’s shareholders, in a single transaction or series of related transactions, of shares representing not less than a majority of the votes attaching to the outstanding voting shares of the Company; (iii) the sale, lease, license, abandonment, transfer or other disposition of all or substantially all the assets of the Company; or (iv) any other acquisition of the business of the Company as determined by the Board of Directors.
Bonus Fee. If and to the extent the Company successfully completes HUD Financing relating to Facilities of$270,000,000 or more prior to January 1, 2016, Consultant will be paid an additional fee (“Bonus Fee”) of 5 bps on the aggregate amount funded prior to January 1, 2016. By way of example only, if the Company closes on HUD Financing in June, 2015, in the principal amount of $150,000,000.00, then at the closing of such financing or promptly thereafter, Consultant shall be paid a Base Fee of $150,000.00 (10 bps of $150,000,000); if the Company also closes on HUD Financing in December, 2015, in the principal amount of $120,000,000.00, then Consultant shall be paid a Base Fee of$120,000 (10 bps of$120,000,000) and a Bonus Fee of$135,000 (5 bps of $270,000,000).
Bonus Fee. (a) If the Bonus Fee Conditions are satisfied, then the Hotel Manager is entitled to receive the Bonus Fee, being an amount calculated as follows: A = (B - C) x D where: A is the amount of the Bonus Fee for the Financial Year; B is the Net Income for the Financial Year; C is Preferred Return; and D is 15% per annum.
(b) The Bonus Fee rewards the Hotel Manager each Financial Year based on the financial performance of the Hotel. The Bonus Fee is calculated based on the financial statements for the Company each Financial Year. Subject to Item 4 of this Schedule, the Bonus Fee must be calculated and (if applicable) paid within 30 days of the completion of the financial statements or on termination under clause 14.1.
(c) The Hotel Manager’s entitlement to the Bonus Fee is conditional upon the following criteria being satisfied:
(i) The calculation of the Bonus Fee results in a positive number.
(ii) The Investors being entitled to receive the Preferred Return.
(iii) Payment by the Company of Base Rent under the terms of the Lease.
(iv) The Hotel Manager not being in breach of this Agreement.
(d) For the purposes of Item 2 of this Schedule 2, the following terms are defined:
Bonus Fee. A 5% Bonus Fee will be paid to Consultant for each warrant exercise, inclusive of existing warrants, of which up to one-third can be assigned to the broker relations consultant. This fee will be paid to Consultant at the time the warrants are exercised during the term of this Agreement and for up to six months after the expiration or termination of this Agreement if the stock price was at a level entitling the Company to call the warrants during the term of this Agreement.
Bonus Fee. An additional Bonus Fee ("bonus Fee") payable to Consultant based on performance benchmarks as follows:
Bonus Fee. Following Final Completion, Owner shall pay to Operator --------- a Bonus Fee depending on the Net Total Capacity Factor achieved for the Contract Year. The Bonus Fee shall be linearly variable such that the amount is zero (0) when the Net Total Capacity Factor is eighty-five percent (85%) for the Contract Year in which the Bonus Fee is computed, and shall be $50,000 for each percentage of Net Total Capacity Factor above eighty-five percent (85%), or $50,000 X (Net Total Capacity Factor - 85) for the Contract Year in which the Bonus Fee is computed. The Bonus Fee shall be earned and paid on an annual basis and shall not be subordinated nor governed by Section 2.6 of this Exhibit B.
Bonus Fee. If the number of Registered Customers is equal to or greater than 20,000 by September 1, 1997, then PC411 shall pay the Distributor an additional fee ("Bonus Fee") of $3.00 per all such Registered Customers existing at the time as well as for each new Registered Customer for the remainder of the term of the Agreement. If the number of Registered Customers is equal to or greater than 10,000 but less than 20,000 by September 1, 1997, then PC411 shall pay the Distributor a Bonus Fee of $2.00 per all such Registered Customers existing at the time as well as for each new Registered Customer for the remainder of the term of the Agreement. If the number of Registered Customers is less than 10,000 by September 1, 1997, then no additional fees are owed.
Bonus Fee. In addition to Management Fees but in lieu of any Bonus Fee payable under the Prior Agreement, the Company shall pay to Meridian bonus compensation (the Bonus Fee) in an amount in cash equal to: (i) $75,000 upon the closing of the Replacement DIP Facility, such that the Lenders are prepared to make advances to or for the benefit of the Company thereunder, so long as such closing occurs during the Term of this Agreement as such term may be extended pursuant to paragraph 2, and (ii) an additional amount equal to $50,000 on the effective date of a Chapter 11 plan of reorganization for the Company confirmed pursuant to Section 1129 of the Bankruptcy Code (a Plan).
Bonus Fee. The Bonus Fee for Miles awarded for purchases shall be determined based on the *****, as established by Barclays pursuant to Section (i)(3)i. above and determined as follows;
i. The Bonus Fee for each Revolver Miles awarded for purchases will be determined by Revolver Percentage as set forth on the Bonus Mile table on Schedule 1.
ii. The Bonus Fee for each Transactor Mile awarded for Purchases will be *****
iii. To the extent that Barclays awards Bonus Miles other than in connection with purchases, the Bonus Fee for such Bonus Miles shall be *****.
Bonus Fee. The Bonus Fee is, in respect of each Quarter of each Year, an amount equal to half of the profit for that Year to date less any previous Bonus Fee payments made in relation to that Year. -------------------------------------------------------------------------------- Page 9 BY-PRODUCTS MARKETING AGREEMENT --------------------------------------------------------------------------------
