Deferred Fee. This is paid for the exclusive use of your residence and your right to shared use of the Communal Amenities and Common Areas. It is calculated at 2.5% of the New Loan paid for the Residence or failing that the Outgoing Market Value of the Residence multiplied by number of elapsed Fee Days up to a maximum of 3,650 Fee Days and divided by 365. Hence the fee is capped at a maximum of 25% (after ten years residency) of the Outgoing Market Value or New Loan paid.
Deferred Fee. The Borrowers shall pay to the Facility Agent a non-refundable deferred fee (for the account of the Lenders pro-rata to their Commitments) on the Payment Date in relation to each Tranche in an amount equal to 2 per cent. of the utilised amount in respect of that Tranche. In this Clause 10.3 (Deferred Fee):
Deferred Fee. The Borrower shall pay to the Facility Agent on the applicable Payment Date the Deferred Fee in an amount calculated as being the lesser of:
(a) 15 per cent. of the amount of the Loan borrowed under the Facility Agreement; and
(b) 15 per cent. of the Reference Amount less the aggregate of any amounts previously paid by the Borrower as Prepayment Fees pursuant to the terms of the Facility Agreement during the Security Period.
Deferred Fee. Borrower acknowledges and agrees that, in connection with Borrower becoming a wholly owned Subsidiary of ConversionPoint Technologies, Inc. ("Parent"), Borrower owes an aggregate fee in the amount of $400,000 with respect to Section 1.6 of each of the warrants issued by Borrower in connection with this Agreement (the "Deferred Fee"), and Lenders have agreed to defer the payment thereon. Borrower shall pay the Deferred Fee on the earlier of (i) the date the Advances are repaid in full or become due and payable, (ii) any Change in Control, or (iii) the a sale, lease or other disposition of all or a material portion of the assets of Borrower or Parent.
5. Section 5.3 of the Agreement is amended and restated in its entirety to read as follows
Deferred Fee. If the term of this Agreement is not extended by IWO pursuant to Section 5(a) hereof and is not terminated by USU, IWO will pay USU a deferred fee of $1,500,000.00 at the end of the term of this Agreement. If the term of the Agreement is extended by IWO pursuant to Section 5(a) hereof and is not terminated by USU, IWO will pay USU a deferred fee of $500,000.00 at the end of the extended term. This deferred fee shall be in lieu of any early termination fee provided in Section 4(f), and in no event will USU receive both an early termination fee and a deferred fee.
Deferred Fee. Commencing upon the Occupancy Date and each month thereafter until January 1, 2000, PCI shall defer receipt of forty percent (40%) of the Base Monthly Fee (the "Deferred Fee"). Aviron will deposit and maintain the Deferred Fee (as the same may be increased from time to time) in an escrow account with a third party escrow reasonably acceptable to PCI holder until payment of such amount in accordance with this Section. Any interest accruing on the Deferred Fee shall belong to Aviron. The Deferred Fee shall be released to PCI as follows:
(i) The first installment of the Deferred Fee in an amount equal to one half the total amount of the Deferred Fee shall be released and paid to PCI January 1, 2000;
(ii) The balance of the Deferred Fee shall be released and paid to PCI September 1, 2000; provided, however, that in the event that production does not commence under the Production Agreement prior to December 31, 1999, the balance of the Deferred Fee shall be further deferred and shall instead be released and paid to PCI January 1, 2001. Notwithstanding the foregoing, in Aviron's sole discretion, Aviron may elect to prepay all or any part of the Deferred Fee prior to its becoming due and payable.
Deferred Fee. Upon termination of this Agreement for whatever reason as to all persons designated as Resident, Resident will pay to Operator a deferred fee (the “Deferred Fee”) equal to the lesser of 10% of the Entrance Fee or the product of (a) one percent multiplied by (b) the number of months of occupancy of the Apartment Home. The Deferred Fee will be due and payable on the date that the Entrance Fee repaid by Operator, or termination of this Agreement occurs, whichever is later.
Deferred Fee. Borrower and Guarantors acknowledge that the Loan Modification Fee described above is in addition to the Deferred Fee payable under Section 3.6 of the Loan Agreement, which remains outstanding. Borrower and Guarantors further acknowledge that under the Amended Warrant Documents, each of Lender and Citrus have the right to exercise separate warrant rights effective as of the date of the Amended Warrant Documents, notwithstanding anything in the Loan Agreement or the First Modification to the contrary. In the event Citrus exercises its warrant rights, the Deferred Fee shall be reduced to $168,475, and shall continue to be payable in accordance with Section 3.6 of the Loan Agreement, unless Lender also elects to exercise the warrant rights held by Lender under the Amended Warrant Documents. In the event Lender exercises its warrant rights, the Deferred Fee shall be reduced to $81,525, and shall continue to be payable in accordance with Section 3.6 of the Loan Agreement, unless Citrus also elects to exercise the warrant rights held by Citrus under the Amended Warrant Documents.
Deferred Fee. If a Transaction (as defined below) is consummated either in or out of court, Xxxxxxxx Xxxxx shall be entitled to: Deferred Fee of 1.00% of the market value of all Noteholder Recoveries (as defined below); provided that the Deferred Fee shall be reduced by 50% of the fourth, fifth, and sixth Monthly Fee timely paid to Xxxxxxxx Xxxxx and the Deferred fee shall be further reduced by 75% of each Monthly Fee timely paid to Xxxxxxxx Xxxxx thereafter; provided however that the Deferred Fee shall in no event be reduced to less than zero. The Deferred Fee shall be payable in cash (or at the Company’s option, in the same consideration received by Noteholders in any Transaction) upon consummation of a Transaction.
Deferred Fee. As a condition subsequent, Borrower shall have paid a monthly fee of $50,000, the first such monthly fee earned on the Modification Date and each subsequent monthly fee earned on the corresponding day (without regard for whether it is a Business Day) of each subsequent month that the Additional Loan (or any part thereof) remains outstanding and unrepaid (the "Deferred Fee"). The Deferred Fee shall be due at the earlier of when the Additional Loan is repaid and the Maturity Date (as set forth in Schedule 3, appended hereto as Exhibit I). For purposes of calculating the Deferred Fee, a month shall be considered to consist of 30 days. For example only, if the Modification Date were March 15, 2017, a fee of $50,000 would be due if the Loan is repaid on March 16, 2017, one day following the disbursement of the Additional Loan by PFG. If the Additional Loan were repaid on April 13, 2017, the Deferred Fee payable would still equal $50,000, but it were repaid on April 15, 2017, an additional $50,000 in Deferred Fee would be payable. The monthly amount of Deferred Fee shall be reduced pro rata to the extent that the Additional Loan is less than $300,000. For example, if Borrower raises only $150,000 in matching proceeds (as contemplated under Section 6.7), then the monthly Deferred Fee amount would be $25,000.
