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Common use of Closing Fee Clause in Contracts

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, and non-refundable when paid.

Appears in 4 contracts

Samples: Loan and Security Agreement (Codexis Inc), Loan and Security Agreement (Codexis Inc), Loan and Security Agreement (Codexis Inc)

Closing Fee. On the Closing Date, Borrower The Borrowers shall pay to Agent, the Agent for the ratable benefit account of Lenders, a $50,000 fee which shall be fully earned by Lenders, the Lenders in accordance with their Pro Rata Shares, and Shares a non-refundable when paidclosing fee (the “Closing Fee”) equal to $19,375 which shall be fully earned and payable on the Effective Date.

Appears in 2 contracts

Samples: Financing Agreement (Frederick's of Hollywood Group Inc /Ny/), Financing Agreement (Movie Star Inc /Ny/)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $200,000, which fee shall be fully earned when paidpaid regardless of the early termination of this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (AMEDICA Corp)

Closing Fee. On the Closing Date, Borrower Borrowers shall pay to Agent, for the ratable Pro Rata benefit of the Lenders, a closing fee of $50,000 fee 29,750, which shall be fully earned by Lenders, in accordance paid concurrently with their Pro Rata Shares, and non-refundable when paidthe funding of the initial Loans hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Bairnco Corp /De/), Loan and Security Agreement (WHX Corp)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $60,000, which fee shall be fully earned when paid.

Appears in 2 contracts

Samples: Loan and Security Agreement (Syndax Pharmaceuticals Inc), Loan and Security Agreement (Syndax Pharmaceuticals Inc)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable when paidclosing fee in an amount equal to $225,000, which fee shall be fully earned on the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Infraredx Inc)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable when paidclosing fee in an amount equal to $75,000, which fee shall be fully earned on the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Cas Medical Systems Inc)

Closing Fee. On the Closing Date, Borrower Borrowers shall pay to Agent, Agent (for the ratable benefit account of Lenders, a $50,000 fee which shall be fully earned by Lenders, in accordance with Lenders based upon their Pro Rata Shares), a closing fee of $750,000, which fee is fully earned and non-refundable when paidpayable on the date hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Doe Run Resources Corp)

Closing Fee. On the Closing Date, Borrower Borrowers shall pay to Agent, for the ratable Pro Rata benefit of Lenders, a closing fee of $50,000 fee which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, and non-refundable when paid100,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Arctic Cat Inc)

Closing Fee. On the Closing Date, Borrower Borrowers shall pay to Agent, for the ratable Pro Rata benefit of Lenders, a closing fee in the amount of $50,000 fee which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, and non-refundable when paid700,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Imperial Sugar Co /New/)

Closing Fee. On the Closing Date, Borrower Borrowers shall pay to Agent, for the ratable Pro Rata benefit of Lenders, a closing fee of $50,000 fee which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, and non-refundable when paid30,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Akorn Inc)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $100,000, which fee shall be fully earned when paid.

Appears in 1 contract

Samples: Loan Agreement (XOMA Corp)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $48,750, which fee shall be fully earned when paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Pacira Pharmaceuticals, Inc.)

Closing Fee. On the Closing Date, Borrower Borrowers shall pay to Agent, for the ratable Pro Rata benefit of Lenders, a $50,000 closing fee which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, and non-refundable when paidequal to 0.375% of the Revolver Commitments.

Appears in 1 contract

Samples: Loan and Security Agreement (Mynd.ai, Inc.)

Closing Fee. On the Closing Funding Date, the Borrower shall pay to Agent, the Agent for the ratable benefit account of Lenders, a $50,000 fee which shall be fully earned by the Lenders, in accordance with their Pro Rata Shares, and a non-refundable when paidclosing fee equal to $400,000, which shall be due and deemed fully earned on the Funding Date.

Appears in 1 contract

Samples: Term Loan Agreement (Anchor Glass Container Corp /New)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $250,000 which fee shall be fully earned when paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Radius Health, Inc.)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders on the Closing Date in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $75,000.00, which fee shall be fully earned when paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Synta Pharmaceuticals Corp)

Closing Fee. On the Closing Date, The Borrower shall pay to Agent, the Agent for the ratable benefit of Lendersthe Lenders based on each Lender's Pro Rata Share of the Commitments, a closing fee (the "Closing Fee") in the amount of Seven Hundred Fifty Thousand Dollars ($50,000 fee which 750,000), less the amount of the Commitment Fee actually paid to and received by the Agent on or before the Closing Date. The Closing Fee shall be payable on or before the Closing Date and shall be deemed fully earned by Lenders, in accordance with their Pro Rata Shares, on the date paid and is non-refundable when paidrefundable.

Appears in 1 contract

Samples: Loan and Security Agreement (BPC Holding Corp)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $75,000, which fee shall be fully earned when paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Pharmathene, Inc)

Closing Fee. On or prior to the Closing Effective Date, the Borrower shall pay to Agent, the Agent for the ratable benefit account of Lenders, a $50,000 fee which shall be fully earned by the Lenders, in accordance with their Pro Rata Shares, and a non-refundable closing fee (the “Closing Fee”) equal to $150,000, which fee shall be deemed fully earned when paid. The Agent acknowledges receipt of a non-refundable work fee in the amount of $100,000, which will be credited towards fees, expenses and interest due in respect of the Loan.

Appears in 1 contract

Samples: Financing Agreement (Composite Technology Corp)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $206,250, which fee shall be fully earned when paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Navidea Biopharmaceuticals, Inc.)

Closing Fee. On or prior to the Closing Effective Date, Borrower the Borrowers shall pay to the Agent, for the ratable benefit account of Lenders, a $50,000 fee which shall be fully earned by Lenders, the Lenders in accordance with their Pro Rata Shares, and non-refundable a nonrefundable closing fee (the “Closing Fee”) equal to [***], which shall be deemed fully earned when paid.

Appears in 1 contract

Samples: Financing Agreement (ITHAX Acquisition Corp.)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit account of LendersLenders based on their respective Pro Rata Shares, a closing fee in the amount of $50,000 400,000, which closing fee which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, each Lender and non-refundable when paidpaid by Borrower on the date of the execution of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Imax Corp)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit account of LendersLenders based on their respective Pro Rata Shares, a closing fee in the amount of $50,000 200,000, which closing fee which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, each Lender and non-refundable when paidpaid by Borrower on the date of the execution of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Imax Corp)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $107,500, which fee shall be fully earned when paid.

Appears in 1 contract

Samples: Loan and Security Agreement (AMEDICA Corp)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, the Revolving Lenders in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $15,000, which fee shall be fully earned when paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Salient Surgical Technologies, Inc.)

Closing Fee. On the Closing Date, Borrower Borrowers shall be jointly and severally obligated to pay to Agent, for the ratable Pro Rata benefit of the Initial Lenders, a closing fee of $50,000 fee 356,250, which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, and non-refundable when paidpaid on the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Tropical Sportswear International Corp)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable Pro Rata benefit of Lenders, a closing fee of $50,000 fee 150,000, which shall be fully earned and, except to the extent otherwise required by LendersApplicable Law, in accordance with their Pro Rata Shares, and non-refundable when paidon the Closing Date and shall be paid on January 2, 1996.

Appears in 1 contract

Samples: Loan and Security Agreement (Rhodes Inc)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable Pro Rata benefit of Lenders, a $50,000 closing fee which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, and non-refundable when paidequal to 1.50% of the aggregate Commitments as of the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Stonemor Inc.)

Closing Fee. On the Closing Date, Borrower The Borrowers shall pay to Agent, the Agent for the ratable benefit account of Lenders, a $50,000 fee which shall be fully earned by Lenders, the Lenders in accordance with their Pro Rata Shares, and Shares a non-refundable when paidclosing fee (the “Closing Fee”) equal to Two Hundred Eighty Thousand Dollars ($280,000.00) which shall be fully earned and payable on the Effective Date.

Appears in 1 contract

Samples: Financing Agreement (Frederick's of Hollywood Group Inc /Ny/)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable Pro Rata benefit of Lenders, a $50,000 closing fee which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, and non-refundable when paidequal to 1% of the amount of the Commitments.

Appears in 1 contract

Samples: Loan and Security Agreement (KCAP Financial, Inc.)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $300,000, which fee shall be fully earned when paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Cytori Therapeutics, Inc.)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, in accordance with all Lenders (based upon their respective Pro Rata Shares) in connection with the extension of the Loans, and non-refundable when paida fee in the amount equal to two percent (2%) of the Loan Amount on Closing Date ("Closing Fee").

Appears in 1 contract

Samples: Purchase Agreement (Team Communications Group Inc)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $31,250.00, which fee shall be fully earned when paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Oncothyreon Inc.)

Closing Fee. On the Closing Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $120,000, which fee shall be fully earned when paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Siga Technologies Inc)

Closing Fee. On or prior to the Closing Effective Date, the Borrower shall pay to the Agent, for the ratable benefit account of Lenders, a $50,000 fee which shall be fully earned by Lenders, the Lenders in accordance with their the Lenders’ respective Pro Rata SharesShares and in immediately available funds, a fee (the “Closing Fee”) equal to $480,000. The Closing Fee shall be deemed fully earned on the Effective Date and non-refundable when paidrefundable.

Appears in 1 contract

Samples: Revolving Credit Agreement (Alon USA Energy, Inc.)

Closing Fee. On the Closing Date, Borrower Borrowers shall pay to Agent, for the ratable Pro Rata benefit of Lenders, a closing fee of $50,000 fee 125,225, which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, and non-refundable when paidpaid on the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (P&f Industries Inc)

Closing Fee. On the Closing Date, Borrower Borrowers shall pay to Agent, for the ratable Pro Rata benefit of Lenders, a closing fee of $50,000 fee which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, and non-refundable when paid250,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Computer Task Group Inc)

Closing Fee. On the Closing Funding Date, Borrower shall pay to Agent, for the ratable benefit of Lenders, a $50,000 fee which shall be fully earned by Lenders, Lenders in accordance with their Pro Rata Shares, and a non-refundable closing fee in an amount equal to $100,000, which fee shall be fully earned when paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Cytori Therapeutics, Inc.)

Closing Fee. On or prior to the Closing Effective Date, Borrower Borrowers shall pay to Agent, Agent for the ratable benefit account of Lenders, a $50,000 fee which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, and a non-refundable closing fee (the "Closing Fee") equal to $125,000, which shall be deemed fully earned when paidthe Loan is funded. One-half of the Closing Fee shall be due and payable on the Effective Date, and the balance shall be due and payable 90 days thereafter.

Appears in 1 contract

Samples: Credit Agreement (Cornerworld Corp)

Closing Fee. On the Closing Date, Borrower shall pay ----------- to Agent, Agent for the ratable pro rata benefit of Lenders, the Lenders a closing fee equal to $50,000 fee which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, and non-refundable when paid25,000.

Appears in 1 contract

Samples: Loan and Security Agreement (Gradall Industries Inc)

Closing Fee. On the Closing Date, Borrower Borrowers shall pay to Agent, for the ratable benefit of Lenders, based on their Pro Rata Shares, as a closing fee the amount of $50,000 fee 1,250,000 which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, as of and non-refundable when paidpayable on the date of the initial Loans or Letter of Credit Accommodations hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Edison Brothers Stores Inc)

Closing Fee. On the Closing Date, Borrower Borrowers shall pay to Agent, for the ratable Pro Rata benefit of Lenders, a closing fee of $50,000 fee 300,000 (net of any remaining deposits made by Borrowers with Agent against fees and expenses incurred in connection with this Agreement), which shall be fully earned by Lenders, in accordance with their Pro Rata Shares, and non-refundable when paidpaid on the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Installed Building Products, Inc.)