Closing Fee; Amendment Fees Sample Clauses

Closing Fee; Amendment Fees. (a) On or prior to the Effective Date, the Borrowers shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, a nonrefundable closing fee (the “Closing Fee”) equal to $2,200,000, which shall be deemed fully earned when paid. (b) On the Amendment No. 9 Effective Date, the Borrowers shall pay to the Administrative Agent, for the account of the Amendment No. 9 Term Loan Lenders, in accordance with their Pro Rata Shares, a nonrefundable closing fee (the “Amendment No. 9 Fee”) equal to $300,000, which shall be deemed fully earned when paid. (c) On the Amendment No. 11 Effective Date, the Borrowers shall pay to the Administrative Agent, for the account of the Term Loan Lenders, in accordance with their Pro Rata Shares, a nonrefundable closing fee (the “Amendment No. 11 Fee”) equal to $1,659,844.26, which shall be deemed fully earned when paid. 142901395v2 (d) The Borrowers shall pay to the Administrative Agent, for the account of the Term Loan Lenders, a nonrefundable closing fee equal to $1,500,000 (the “Amendment No. 12 Fee”), which shall be deemed fully earned on the Amendment No. 12 Effective Date, shall be non-refundable and shall be paid in cash on the date that is the earliest to occur of (A) the prepayment in full of the Obligations, (B) the Final Maturity Date and (C) the date on which the Obligations are declared due and payable pursuant to the terms of Section 9.01 of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, any other Loan Document or any agreement among the Agents and the Lenders, each of the Lenders acknowledges and agrees that (A) Wingspire shall be entitled to receive $142,804.62 of the Amendment No. 12 Fee and (B) the other Term Loan Lenders (other than Wingspire) shall be entitled to receive, in accordance with their Pro Rata Shares, $1,357,195.38 of the Amendment No. 12 Fee.
Sample 1
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Closing Fee; Amendment Fees. (i) On or prior to the Effective Date, the Borrowers shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, a nonrefundable closing fee (the “Closing Fee”) equal to $2,200,000, which shall be deemed fully earned when paid.
Sample 1
Closing Fee; Amendment Fees. 137907439v16 (a) On or prior to the Effective Date, the Borrowers shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, a nonrefundable closing fee (the “Closing Fee”) equal to $2,200,000, which shall be deemed fully earned when paid. (b) On the Amendment No. 9 Effective Date, the Borrowers shall pay to the Administrative Agent, for the account of the Amendment No. 9 Term Loan Lenders, in accordance with their Pro Rata Shares, a nonrefundable closing fee (the “Amendment No. 9 Fee”) equal to $300,000, which shall be deemed fully earned when paid. (c) On the Amendment No. 11 Effective Date, the Borrowers shall pay to the Administrative Agent, for the account of the Term Loan Lenders, in accordance with their Pro Rata Shares, a nonrefundable closing fee (the “Amendment No. 11 Fee”) equal to $1,659,844.26, which shall be deemed fully earned when paid.
Sample 1

Related to Closing Fee; Amendment Fees

  • Amendment Fees The Borrower agrees to pay to the Administrative Agent for the account of each Bank on the First Amendment Effective Date the upfront fees required to be paid on such date, as set forth in the 2023 Fee Letters.

  • 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.

  • Amendment Fee The Borrower shall pay the Lender as of the date hereof a fully earned, non-refundable fee in the amount of $25,000 in consideration of the Lender’s execution and delivery of this Amendment.

  • Closing Fee On the Effective Date, the Borrower agrees to pay to the Administrative Agent and each Lender all loan fees as have been agreed to in writing by the Borrower and the Administrative Agent.

  • Upfront Fees On the Effective Date, the Borrower shall pay to the Administrative Agent for the account of each Lender non-refundable upfront fees in the amounts set forth in letter agreements between each Lender and the Lead Arranger, and in an aggregate amount not to exceed the amount set forth in a letter agreement among the Borrower, the Administrative Agent and the Lead Arranger.

  • Upfront Fee The Borrower shall pay to the Agent (for the account of each Original Lender) an upfront fee in the amount and at the times agreed in a Fee Letter.

  • Closing Fees, Expenses, etc The Administrative Agent shall have received for its own account, or for the account of each Lender, as the case may be, all fees, costs and expenses due and payable pursuant to Sections 3.3 and 10.3, if then invoiced.

  • CONTINGENT FEE AGREEMENT A. The Attorneys shall advance all expenses in the Litigation. The Client is not liable to pay any of the expenses of the Litigation, whether attorneys' fees or costs. Recovery of costs and other expenses is contingent upon a recovery being obtained. If no recovery is obtained, Client will owe nothing for costs and other expenses. In the event that an order is entered awarding costs and expenses in favor of defendants, Attorneys will be responsible for such costs and expenses, not the Client. B. If there is a recovery in the Litigation, whether by settlement or judgment, the Attorneys shall be compensated via payment of a reasonable percentage of any recovery as approved by the Court, which amount shall include attorneys’ fees plus reasonable disbursements in the Litigation. “Disbursements” shall include, but not be limited to, costs of travel, telephone, copying, fax transmission, depositions, investigators, messengers, mediation expenses, computer research fees, court fees, expert fees, other consultation fees and paralegal expenses. Any recovery in the Litigation shall first be used to reimburse disbursements.

  • Consent Fee The Administrative Agent shall have received payment from the Borrower, in same day funds, for the account of each Term Lender that delivers an executed counterpart signature page to this Amendment at or prior to 5:00 p.m., New York City time, on June 12, 2013 (such time, the “Deadline”) a consent fee in an aggregate amount equal to 0.125% of the aggregate principal amount of Term Loans held by such Lender as of the Deadline; and

  • Commitment Fees, etc (a) The Borrower agrees to pay to the Administrative Agent for the account of each Revolving Lender a commitment fee for the period from and including the date hereof to the last day of the Revolving Commitment Period, computed at the Commitment Fee Rate on the average daily amount of the Available Revolving Commitment of such Lender during the period for which payment is made, payable quarterly in arrears on each Fee Payment Date, commencing on the first such date to occur after the date hereof. (b) The Borrower agrees to pay to the Administrative Agent the fees in the amounts and on the dates as set forth in any fee agreements with the Administrative Agent and to perform any other obligations contained therein.

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