Fees and Expenses of Plan Support Parties Sample Clauses

Fees and Expenses of Plan Support Parties. On the Effective Date, the Debtor shall pay all fees and expenses of the Plan Support Parties in accordance with the terms of the Plan Support Agreement. Dated: January 26, 2012 Respectfully submitted, Ener1, Inc., a Florida corporation By: s/ Axxx Xxxxxxx Schedule 2 to Prepackaged Plan of Reorganization Under Chapter 11 of the Bankruptcy Code Executory Contracts and Unexpired Leases to be Rejected Name and Mailing Address of Other Parties to Lease or Contract Description of Contract or Lease and Nature of Debtor’s Interest SPUSV5 1540 Broadway, LLC 500 Xxxxx Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxx, XX 00000 Lease of Non-Residential Real Property, as amended by the First Amendment to Lease dated as of January 10, 2011, for premises at: Sxxxx 00X 0000 Xxxxxxxx Xxx Xxxx, XX Regus Management Group, LLC 10000 Xxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 Lease of Non-Residential Real Property, dated August 23, 2011 for premises at: Suite 300 1000 Xxxx Xxxxxxx Xxxxx Xxxx Xxxx Xxxxxxxxxx, XX Credit Suisse Securities (USA) LLC c/x Xxx Xxxxxxxx Eleven Madison Avenue New York, NY 10010-3629 Engagement Letter, dated March 23, 2010 for advisory services on proposed Private Placements Relational, LLC 3000 Xxxxxxxxx Xxxx Xxxxx 000 Xxxxxxx Xxxxxxx, XX 00000 Lease of Equipment as amended by Amendment No. 1 to the Master Lease Agreement dated as of July 14, 2008, for equipment set forth on Exhibit A, and as amended by Schedule Nx. 000, Xxxxxxxx Xx. 000, Xxxxxxxx Xx. 000, and Schedule No. 004 dated September 26, 2008, Schedule No. 005 and Schedule No. 006 dated October 24, 2008, Schedule No. 007 dated May 19, 2009, and Schedule Nx. 000, Xxxxxxxx Xx. 000, and Schedule No. 010 dated December 8, 2008. EXHIBIT B TRANSACTION DOCUMENTS Annex 1: Stockholders Agreement Annex 2: Registration Rights Agreement Annex 3: Amended and Restated Certificate of Incorporation Annex 4: Amended and Restated Bylaws Annex 5: Loan Agreement Annex 6: Equity Commitment Agreement ANNEX 1 STOCKHOLDERS AGREEMENT Stockholders Agreement (the “Agreement”), dated as of [•], 2012, by and among Ener1, Inc., a Florida corporation (the “Company”), Bzinfin S.A., a British Virgin Islands company (“Bzinfin”), and the other parties listed on Exhibit A hereto (collectively with Bzinfin, the “Stockholders” and each individually, a “Stockholder”), and any Person who after the Effective Date becomes a Stockholder of the Company as provided herein. The Company and the Stockholders are each a “party” and collectively are “...
Sample 1
AutoNDA by SimpleDocs
Fees and Expenses of Plan Support Parties. On the Effective Date, the Debtor shall pay all fees and expenses of the Plan Support Parties in accordance with the terms of the Plan Support Agreement.
Sample 1
Fees and Expenses of Plan Support Parties. On the Effective Date, the Debtor shall pay all fees and expenses of the Plan Support Parties in accordance with the terms of the Plan Support Agreement. Dated: January 26,February 27, 2012 Respectfully submitted, Ener1, Inc., a Florida corporation By: _s/ Alex Sorokin____________________ - 58 - Exhibit B – Amendment to Form of New Notes Loan Agreement WEIL DRAFT 01/25/12 LOAN AGREEMENT dated as of [__________ ___], 2012 among ENER1, INC., as Borrower CERTAIN SUBSIDIARIES OF ENER1, INC., as Guarantors VARIOUS LENDERS, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Administrative Agent and Collateral Agent, ________________________________________________________ $[_____________] Term Loan ________________________________________________________
Sample 1

Related to Fees and Expenses of Plan Support Parties

  • Fees and Expenses of the Bank The Fund will pay or reimburse the Bank from time to time for any transfer taxes payable upon transfer of Portfolio Securities made hereunder, and for all necessary proper disbursements, expenses and charges made or incurred by the Bank in the performance of this Agreement (including any duties listed on any Schedule hereto, if any) including any indemnities for any loss, liabilities or expense to the Bank as provided above. For the services rendered by the Bank hereunder, the Fund will pay to the Bank such compensation or fees at such rate and at such times as shall be agreed upon in writing by the parties from time to time. The Bank will also be entitled to reimbursement by the Fund for all reasonable expenses incurred in conjunction with termination of this Agreement.

  • Certain Fees and Expenses (a) Provided that the Fund is not in material breach of its obligations under this Agreement, if the Merger is not consummated for failure of the condition to Closing contained in Section 7.1(f) to be satisfied and, as a result of such failure, CNLRP is obligated to pay the Company a break-up fee pursuant to the terms of the CNLRP Merger Agreement, the Company shall pay to the Fund as follows: (i) if the Fund has waived the condition to Closing contained in Section 7.1(f) and elected to proceed with the Merger, the Company shall pay to the Fund an amount equal to $8,000,000, multiplied by a fraction, the numerator of which shall be the value of the Merger Consideration and the denominator of which shall be the value of the Aggregate Merger Consideration; and (ii) if the Fund has not waived the condition to Closing contained in Section 7.1(f) and the Merger is not consummated, the Company shall pay to the Fund an amount equal to $5,000,000, multiplied by a fraction, the numerator of which shall be the value of the Merger Consideration and the denominator of which shall be the value of the Aggregate Merger Consideration.

  • Legal Fees and Expenses The parties shall each bear their own expenses, legal fees and other fees incurred in connection with this Agreement.

  • Arbitration; Legal Fees and Expenses The parties agree that Executive’s employment and this Agreement relate to interstate commerce, and that any disputes, claims or controversies between Executive and the Company which may arise out of or relate to Executive’s employment relationship or this Agreement shall be settled by arbitration. This agreement to arbitrate shall survive the termination of this Agreement. Any arbitration shall be in accordance with the Rules of the American Arbitration Association and undertaken pursuant to the Federal Arbitration Act. Arbitration will be held in Oklahoma City, Oklahoma unless the parties mutually agree on another location. The decision of the arbitrator(s) will be enforceable in any court of competent jurisdiction. The parties agree that punitive, liquidated or indirect damages shall not be awarded by the arbitrator(s) unless such damages would have been awarded by a court of competent jurisdiction. Nothing in this agreement to arbitrate, however, shall preclude the Company from obtaining injunctive relief from a court of competent jurisdiction prohibiting any ongoing breaches by Executive of this Agreement including, without limitation, violations of Section 9. If any contest or dispute arises between the Company and Executive regarding any provision of this Agreement, the arbitrator may award to the prevailing party, the reasonable attorney fees, costs and expenses incurred by the prevailing party in connection with such contest or dispute.

  • Other Fees and Expenses Borrower shall pay to Agent, for its own account, all charges for returned items and all other bank charges incurred by Agent, as well as Agent's standard wire transfer charges for each wire transfer made under this Agreement.

  • Costs, Fees and Expenses Except as otherwise specifically provided herein, each party hereto agrees to pay all costs, fees and expenses which it has incurred in connection with or incidental to the matters contained in this Agreement, including without limitation any fees and disbursements to its accountants and counsel; provided, that the Assuming Institution shall pay all fees, costs and expenses (other than attorneys’ fees incurred by the Receiver) incurred in connection with the transfer to it of any Assets or Liabilities Assumed hereunder or in accordance herewith.

  • Fees and Expenses of Trustee THE FISCAL AGENT AND THE PAYING AGENT. The Trustee shall be entitled to receive the Trustee Fee (other than the portion thereof constituting the Paying Agent Fee) and the Paying Agent shall be entitled to receive the Paying Agent Fee, pursuant to Section 5.3(b)(ii) (which shall not be limited by any provision of law with respect to the compensation of a trustee of an express trust), for all services rendered by it in the execution of the trusts hereby created and in the exercise and performance of any of the powers and duties respectively, hereunder of the Trustee and the Paying Agent. The Trustee, the Fiscal Agent and the Paying Agent shall also be entitled to recover from the Trust all reasonable unanticipated expenses and disbursements incurred or made by the Trustee, the Fiscal Agent and the Paying Agent in accordance with any of the provisions of this Agreement (including the reasonable compensation and the reasonable expenses and disbursements of its counsel and other Persons not regularly in its employ), not including expenses incurred in the ordinary course of performing its duties as Trustee, Fiscal Agent or Paying Agent, respectively hereunder, and except any such expense, disbursement or advance as may arise from the negligence or bad faith of such Person or which is the responsibility of the Holders of the Certificates hereunder. The provisions of this Section 7.12 shall survive any termination of this Agreement and the resignation or removal of the Trustee, the Fiscal Agent or the Paying Agent.

  • Payment of Fees and Expenses Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as specified in this Agreement or any Related Document.

  • Transfer Fees and Expenses The Transferor and Transferee of any Units or other interest in the Company shall be jointly and severally obligated to reimburse the Company for all reasonable expenses (including attorneys’ fees and expenses) of any Transfer or proposed Transfer, whether or not consummated.

Time is Money Join Law Insider Premium to draft better contracts faster.