Fees and Certain Other Payments. (a) For each Card Sale made by Zale, Bank shall charge (except that Bank shall pay with respect to any Merchant Fee which is shown in Schedule 4.1(a) as being a negative amount) and Zale (or Bank, as the case may be) agrees to pay a fee in the amount set forth in Schedule 4.1(a) hereto (the “Merchant Fee”), which Merchant Fee will be subject to adjustment as provided herein. If Bank has previously charged or credited Xxxx Xxxxxxxx Fees or other fees in respect of any Credit, Bank or Zale, as the case may be, shall reimburse the other the amount of such fees. Bank shall not change or adjust the Merchant Fee for Revolving Credit Plans or Special Credit Plans of less than 91 days duration during the eighteen (18)-month period immediately following the Effective Date or change or adjust the Merchant Fee for any other Special Credit Plan during the twelve (12)-month period immediately following the Effective Date, following which time the Merchant Fee may be adjusted to the extent specifically provided herein. No decreases shall be made during the first twenty-four (24) months following the Effective Date. The Merchant Fee due from Zale hereunder will be calculated in accordance with Section 4.1(b) below. Bank shall provide Zale with notice of any proposed change to any Merchant Fee hereunder at least thirty (30) days prior to the proposed implementation of any such change.
Fees and Certain Other Payments. (a) For each Card Sale made by Zale, during the first year of the Initial Term, Bank shall charge and Zale shall pay a fee expressed as a percentage of the Card Sale as set forth on Schedule 4.1(a)(1). For each Card Sale made by Zale during the Term (other than during the first year of the Initial Term), Bank shall charge and Zale shall pay a fee expressed as a percentage of the Card Sale as set forth on Schedule 4.1(a)(2) (the fees set forth on Schedule 4.1(a)(1) and (2), collectively, the “Merchant Fees”). The Merchant Fees for each year of the Term (except for the first year of the Term) shall be determined based on the Net Card Sales from the immediately prior year of the Term. The Merchant Fee will be calculated in accordance with Section 4.1(b) of this Agreement and shall be subject to adjustment as provided herein.
Fees and Certain Other Payments. (a) The Borrowers agree to pay all premiums and/or fees to the Lenders as separately agreed as between the Borrowers and the Lenders and set forth in the Open Market Purchase Agreements or Note Exchange Agreement.
