Eighth Amendment Fee Sample Clauses

Eighth Amendment Fee. Simultaneously with the execution of the Eighth Amendment, in consideration of Agent’s and the Lenders’ agreements in the Eighth Amendment, Borrower shall pay to Agent, for the ratable benefit of the Lenders, a non-refundable amendment fee in the amount equal to the product of (i) 2.00%, multiplied by (ii) the aggregate outstanding principal balance of the Loans on the Eighth Amendment Effective Date (the “Eighth Amendment Fee”), which Eighth Amendment Fee (x) shall be deemed to have been fully earned as of the Eighth Amendment Effective Date, (y) shall be included in the amount of the Obligations as of the Eighth Amendment Effective Date and (z) shall be payable to Agent in cash on the earlier of (A) the consummation of a SPAC Transaction, (B) the Payment in Full of the Obligations or (C) the occurrence of an Event of Default.

Eighth Amendment Fee. A fully earned and non-refundable eighth amendment fee in the amount of Twenty Thousand Dollars ($20,000.00), which shall become due and payable upon the earlier of: (i) the Maturity Date, (ii) the acceleration of any Term Loan, or (iii) the prepayment of a Term Loan pursuant to Section 2.2(c) or (d). 5. Section 5.2(d) of the Loan Agreement is hereby amended and restated as follows: (i) To Borrower’s knowledge, each of Borrower’s and its Subsidiaries’ Copyrights, Trademarks and issued Patents are valid and enforceable and no part of Borrower’s or its Subsidiaries’ Intellectual Property has been judged invalid or unenforceable, in whole or in part, and (ii) to the best of Borrower’s knowledge, no claim has been made in writing that any part of the Intellectual Property or any practice by Borrower or its Subsidiaries violates the rights of any third party except to the extent such claim could not reasonably be expected to have a Material Adverse Change. Except as noted on the Perfection Certificates, neither Borrower nor any of its Subsidiaries is a party to, nor is bound by, any material license or other material agreement with respect to which Borrower or such Subsidiary is the licensee that (i) prohibits or otherwise restricts Borrower or its Subsidiaries from granting a security interest in Borrower’s or such Subsidiaries’ interest in such material license or material agreement or any other property, or (ii) for which a default under or termination of could interfere with Collateral Agent’s or any Lender’s right to sell any Collateral. Borrower shall provide written notice to Collateral Agent and each Lender within ten (10) days of Borrower or any of its Subsidiaries entering into or becoming bound by any license or agreement with respect to which Borrower or any Subsidiary is the licensee (other than over the counter software that is commercially available to the public).

Eighth Amendment Fee. An amendment fee in the amount of $7,000 (the "Eighth Amendment Fee"), which amendment fee shall be fully earned and non-refundable as of December 31, 2002, and shall be charged to Borrower's Loan Account as of such date."

Eighth Amendment Fee. On the Eighth Amendment Date, a fully earned and non-refundable fee in the amount of Twelve Thousand Five Hundred Dollars ($12,500.00).

Eighth Amendment Fee. In consideration of Foothill entering into the Eighth Amendment, Borrower shall pay to Foothill an amendment fee in the amount of Fifty Thousand Dollars ($50,000), which such sum Foothill may advance and when so advanced shall become part of the Obligations."

Eighth Amendment Fee. In consideration of the Lenders’ agreement to amend certain provisions of the Credit Agreement, the Borrowers agree to pay to the Administrative Agent, for the ratable benefit of each Lender, a fee in the amount equal to 15.0 basis points times the aggregate Total Revolver Commitments (the “Eighth Amendment Fee”), which Eighth Amendment Fee shall be fully earned and due and payable in full in cash on the date of this Amendment. Once paid, the Eighth Amendment Fee shall not be refundable for any reason whatsoever.

Eighth Amendment Fee. To induce Agent and Lenders to enter into this Amendment, Borrower hereby agrees to pay to Agent, for the benefit of Lenders, a non-refundable fee on the date hereof equal to $35,000 (the "Eighth Amendment Fee"), which shall be fully-earned and due and payable on the date hereof and shall be in addition to and not in substitution of any and all other fees previously paid by Borrower to Agent and/or Lenders pursuant to the Loan Documents and any other fees subsequently required to be paid by Borrower to Agent and/or Lenders pursuant to the Loan Documents. Borrower hereby authorizes Agent to charge the Eight Amendment Fee to the Loan Account as an Advance on the date hereof.

Eighth Amendment Fee. In addition to the other fees described in the Credit Agreement for which the Borrower is obligated to pay to W▇▇▇▇ Fargo, in consideration of W▇▇▇▇ Fargo’s entering into this Eighth Amendment, the Borrower shall pay to W▇▇▇▇ Fargo a fee (the “Eighth Amendment Fee”) in the amount of Seventy-five Thousand Dollars ($75,000) simultaneous with the execution and delivery of this Eighth Amendment to W▇▇▇▇ Fargo, which Eighth Amendment Fee shall be fully and irrevocably earned by W▇▇▇▇ Fargo as of such date, and is non-refundable to the Borrower.

Eighth Amendment Fee. In consideration of the Lenders’ agreements set forth herein, the Borrower shall pay to the Administrative Agent, for the account of each Lender according to its Applicable Percentage, an amendment fee (the “Eighth Amendment Fee”) in an amount equal to 1.20% of the Maximum Outstanding Amount as of the Eighth Amendment Effective Date, which fee shall be fully-earned and non-refundable as of the date hereof. The Eighth Amendment Fee shall be due and payable upon the earliest to occur of April 30, 2018, acceleration of any Obligations under the Loan Documents or repayment in full of the Obligations under the Loan Documents (other than L/C Obligations and any other contingent Obligations which, by their express terms, survive termination of the Loan Documents).