Continuation Fee. On or before the [**] Business Day after the Effective Date, Amgen shall pay to Infinity a one-time, non-refundable license fee of Two Million Five Hundred Thousand Dollars ($2,500,000).
Continuation Fee. A non-refundable, non-creditable “Continuation Fee” in the applicable amount set forth in the table below based on the timing of such payment: If paid on or before March 31, 2010 $[***] If paid after March 31, 2010 but on or before July 1, 2010 $[***] If paid after July 1, 2010 but on or before October 1, 2010 $[***] If paid after October 1, 2010 $[***]
Continuation Fee. On the Restatement Date, the Company shall pay to the Agent for the benefit of the Lenders a fee equal to $100,000 as consideration for the continuation of the Loans under the terms and conditions of this Second Amended and Restated Floor Plan Credit Agreement.
Continuation Fee. The Borrower shall pay to the Agent, if applicable, the Continuation Fee (defined below) for the account of each Lender, pro rata according to the sum of such Lender's Revolving Committed Amount and the total outstanding principal amount of the Term Loans owed to such Lender (the "Credit Exposure") as of the applicable Fee Determination Date. As used herein, "Continuation Fee" shall mean a fee due and payable only if the Credit Party Obligations have not been paid in full on or before March 31, 1999, which fee shall equal (a) 0.25% of the Credit Exposure on the Fee Determination Date that occurs on March 31, 1999, plus (b) 0.50% of the Credit Exposure on each subsequent Fee Determination Date, which Continuation Fee shall be earned and payable on each Fee Determination Date, but payment shall be deferred until the date upon which the Credit Party Obligations are paid in full, or at final maturity of the Credit Party Obligations, whichever first occurs. As used herein, "Fee
Continuation Fee. In consideration of the Lender's execution of this Amendment and continuing the Credit Facility, the Borrower shall pay the Lender a fully earned, non refundable fee, as follows:
(a) The Borrower shall pay to the Lender a fee in connection with the payment in full of the Revolving Note Indebtedness, or any reduction of the Commitment, which fee shall be fully earned as of the Third Amendment Effective Date, but payable upon the payment in full of the Revolving Note Indebtedness (or reduction of the Commitment, as the case may be), in an amount equal to one and one half percent (1.5%) of the Commitment (or the reduction of the Commitment, as the case may be), provided, however, that in the event that the Borrower pays the Revolving Note Indebtedness in full on or before September 1, 1998, than the fee set forth in this subsection (a) shall be an amount equal to one percent (1.0%) of the Commitment.
(b) The Borrower shall pay to the Lender a fee in connection with the payment in full of the Term Note Indebtedness, or any reduction of the Term Note Indebtedness in excess of the amount due under the amortization schedule for the Term Note, which fee shall be fully earned as of the Third Amendment Effective Date, but payable upon such payment in full of the Term Note Indebtedness (or any reduction of the Term Note Indebtedness in excess of the amortization schedule, as the case may be) in an amount equal to one and one half percent (1.5%) of amount of the Term Note Indebtedness at the time such payment in full is made (or of the amount of any reduction of the Term Note Indebtedness in excess of the amortization schedule, as the case may), provided, however, that in the event that the Borrower repays the Term Note Indebtedness in full on or before September 1, 1998, than the fee set forth in this subsection (b) shall be an amount equal to one percent (1.0%) of the Term Note Indebtedness at the time such payment in full is made."
Continuation Fee. At the times and in the amounts set forth below, the Borrowers shall pay to the Administrative Agent for the account of each Lender a fee (the "Continuation Fee"), on the amount of each Lender's Commitment as of the Closing Date. The Continuation Fee shall be a per annum rate equal to (i) in the event the Commitments are not terminated and the Obligations (other than contingent indemnification obligations) are not paid in full in cash by March 31, 2005, $1,135,406, (ii) in the event the Commitments are not terminated and the Obligations (other than contingent indemnification obligations) are not paid in full in cash by June 30, 2005, $227,081, (iii) in the event the Commitments are not terminated and the Obligations (other than contingent indemnification obligations) are not paid in full in cash by September 30, 2005, $227,081, and (iv) in the event the Commitments are not terminated and the Obligations (other than contingent indemnification obligations) are not paid in full in cash by January 2, 2006, $227,081. Such fees shall be fully earned as of the Closing Date and shall be due and payable as of the dates set forth in clauses (i) through (iv) above; provided, that such fees shall only be due and payable on each such date if the Commitments have not been terminated (unless terminated by operation of law) and the Obligations have not been paid in full in cash (other than contingent indemnification obligations) by such date.
Continuation Fee. In consideration of the Commitments of the Lenders hereunder, the Borrower agrees to pay to the Agent for the account of each Lender a fee (the "Continuation Fee"), which shall be earned, due and payable on the last day of each fiscal quarter of the Borrower if the Borrower's Obligations have not been repaid in full and cancellation of all Commitments has not occurred during such fiscal quarter, beginning on the last day of the fourth fiscal quarter in the year 1999. The Continuation Fee shall be 0.5% times the sum of (1) Revolving Commitments on the last day of such fiscal quarter, plus (2) the aggregate outstanding principal amount of the Tranche A Term Loan on the last day of such fiscal quarter, plus (3) the outstanding principal amount of the Tranche B Term Loan on the last day of such fiscal quarter. The Continuation Fee shall be allocated pro rata among the Lenders in accordance with Revolving Loans, Tranche A Term Loans, and Tranche B Term Loans outstanding as of the last day of such fiscal quarter.
9. Amendment to Section 3.13(a). Section 3.13(a) of the Existing Credit Agreement is amended in its entirety to read as follows:
Continuation Fee. The Borrowers shall on the 180th day following the Closing Date pay to the Administrative Agent, for the account of the Lenders, on a pro-rata basis based upon their respective Term Loan Commitment Percentages, a non-refundable continuation fee equal to 0.150% of the aggregate principal amount of Loans outstanding on such date.
Continuation Fee. In the event that RMTI does not have the Product to the market by the end of Year 5 of this Agreement, RMTI shall have the choice to pay AMS the additional sum of $250,000.00 per annum as a fee for continuation of this Agreement ("Continuation Fee") until the Product is on the market. Once the Product is on the market the Continuation Fee will be eliminated. Continuation Fees, if due, will be paid on anniversary date of this Agreement beginning with the 5th anniversary date.
Continuation Fee. In the event that the Facility Termination Date has not occurred as of November 30, 2003, the Borrower will pay to the Agent, for the benefit of those Lenders that approved Amendment No. 2 to Credit Agreement dated as of February 3, 2003, a fee in an amount equal to 0.25% of the Revolving Credit Commitment of each such Lender on such date (after giving effect to all reductions of the Total Revolving Credit Commitment through such date, including any reductions scheduled to take effect on such date).
(n) The table set forth in Section 10.1(a) is hereby deleted in its entirety and replaced with the following table: February 28, 2001 and May 31, 2001 5.95 to 1.00 August 31, 2001 5.00 to 1.00 November 30, 2001, February 28, 2002 and May 31, 2002 3.75 to 1.00 August 31, 2002 4.00 to 1.00 November 30, 2002 4.75 to 1.00 February 28, 2003 5.50 to 1.00 May 31, 2003 5.75 to 1.00 August 31, 2003 4.75 to 1.00 November 30, 2003 and February 29, 2004 4.00 to 1.00 May 31, 2004 and thereafter 3.25 to 1.00
(o) The table set forth in Section 10.1(b) is hereby deleted in its entirety and replaced with the following table: February 28, 2001 and May 31, 2001 2.00 to 1.00 August 31, 2001 2.25 to 1.00 November 30, 2001, February 28, 2002 and May 31, 2002 2.75 to 1.00 August 31, 2002 and November 30, 2002 3.00 to 1.00 February 28, 2003 and thereafter 2.25 to 1.00
(p) Section 10.2 is hereby deleted in its entirety and replaced with the following:
