Deferred Amendment Fee. On or before the Effective Date, the ---------------------- Borrower shall pay to the Agent, for the account of the Lenders, the Deferred Amendment Fee.
Deferred Amendment Fee. If, as of the Deferred Payment Allocation Date, the sum of the Deferred Interest and the Deferred Letter of Credit Fee payable on such date is less than $7,000,000, the Company agrees to pay to the Administrative Agent, for the account of each Lender (other than the Term-C Lenders) in accordance with its Aggregate Pro Rata Share as of the Deferred Payment Allocation Date, a deferred amendment fee equal to the amount by which $7,000,000 exceeds such sum, such fee being payable on the Deferred Payment Date.
Deferred Amendment Fee. In consideration of the Lenders’ agreements set forth herein, the Credit Parties shall pay to the Administrative Agent, for the ratable account of each Lender, an amendment fee in an amount equal to 2.0% of the Revolving Committed Amount and Term Loan held by such Lender as of the Effective Date (the “Deferred Amendment Fee”), which Deferred Amendment Fee shall be fully earned and non-refundable as of the Effective Date. The Deferred Amendment Fee shall be immediately due and payable upon the earliest to occur of (a) acceleration of the Obligations after the occurrence of an Event of Default, (b) the date upon which the Merger Agreement shall cease to be in full force and effect or any Person acting by or on behalf of any party thereto shall deny or disaffirm any party’s obligations under the Merger Agreement or (c) October 1, 2018; provided, however, that the Deferred Amendment Fee shall be fully waived if, prior to the occurrence of any of the foregoing, all Obligations are repaid in full (other than contingent indemnification obligations and obligations in respect of undrawn Letters of Credit that are cash collateralized or backstopped in a manner that is reasonably satisfactory to the Issuing Lender) and all Commitments are terminated (the “Payoff”); and provided, further, that if the Payoff occurs substantially concurrently with the consummation of the transactions contemplated by the Merger Agreement, any Event of Default that may arise in connection with such substantially concurrent transactions shall be deemed to be excluded from clause (a) above.
Deferred Amendment Fee. The Borrower shall pay to the Administrative Agent ratably for the account of each Lender who shall have delivered to the Administrative Agent on or prior to November 29, 2002 a signed counterpart of this Amendment No. 4 a fee of 0.25% of the aggregate amount of the Commitments of all Lenders as of the Amendment No. 4 Effective Date (the "Deferred Amendment Fee"). The Deferred Amendment Fee shall be due and payable no later than the five (5) Business Days after earliest to occur of: (i) any issuance after the Amendment No. 4 Effective Date by the Borrower or any of its Subsidiaries of any Equity Interests, resulting in aggregate gross proceeds to such Loan Party of $5,000,000 or more, (ii) any issuance or incurrence after the Amendment No. 4 Effective Date by the Borrower or any of its Subsidiaries of any Debt (other than the making of any Advance or the issuance or renewal of any Letter of Credit under the Credit Agreement), resulting in aggregate gross proceeds to such Loan Party of $5,000,000 or more, (iii) any purchase, exchange, redemption, tender, defeasance, retirement, conversion or similar offer or transaction (or a series of offers or transactions) by, with or between any Person or Persons in respect of any Equity Interests or Debt of the Company or any of its Subsidiaries existing on the Amendment No. 4 Effective Date, if the aggregate par value thereof, the aggregate face amount of the principal thereof, or the aggregate price therefor paid or payable to or by such Person or Persons in connection with such offer or transaction (or series of offers or transactions) is $5,000,000 or more.
Deferred Amendment Fee. On the earlier to occur of (i) the Revolving Maturity Date or acceleration (whether voluntary or otherwise) of the Revolving Line and (ii) the date on which any Borrower has an initial public offering or raises equity in an amount sufficient to Bank, a fee equal to Seventy Thousand Dollars ($70,000), which fee shall be nonrefundable.”
Deferred Amendment Fee. In the event the Term Loans have not been paid in full and all obligations outstanding under the Note Purchase Agreements (including without limitation principal, accrued interest and any Make-Whole Amounts) have not been paid in full on or before the Maturity Date, the Company agrees to pay to the Intercreditor Collateral Agent, for the pro rata account of the Funding Banks and the Holders, a deferred fee in the amount of $500,000. Such deferred fee shall be fully earned on the due date therefor and non-refundable when paid."
