Fees; Interest. (a) The Administrative Agent shall have received (i) all fees, costs, expenses and other amounts due and payable on or prior to the Third Amendment Effective Date, including, to the extent invoiced, reimbursement or other payment of all out-of-pocket expenses required to be reimbursed or paid by the Borrower hereunder or any other Credit Document and (ii) for the account of each Lender, all interest accrued but unpaid on all existing Loans through the Third Amendment Effective Date.
(b) The Arrangers, as Repricing Arrangers (as defined below), shall have each received all fees due and payable under that certain engagement letter, dated as of April 3, 2018, by and among the Sponsor and the Arrangers (the “Third Amendment Engagement Letter”), and the fee letters between the Sponsor and each Arranger, dated as of April 3, 2018, respectively.
Fees; Interest. (a) On the Amendment Effective Date, simultaneously with the effectiveness of the assignments provided for in Section 2, the Borrowers shall pay (i) to the Agent, for its own account or the accounts of the Departing Lenders and Continuing Lenders, as the case may be, the fees that have accrued to but excluding the Amendment Effective Date but not been paid under the Original Credit Agreement and (ii) for the accounts of the Agent and the Lenders entitled thereto, the Fees referred to in Section 5(e). The fees referred to in this Section will be payable in immediately available funds and, once paid, will not be refundable, absent manifest error.
(b) On the Amendment Effective Date, simultaneously with the effectiveness of the assignments provided for in Section 2, the Borrowers shall pay to the Agent, for the accounts of the Departing Lenders and the Continuing Lenders, all unpaid interest accrued to but excluding the Amendment Effective Date on the loans outstanding under the Original Credit Agreement.
(c) Any sale of a Loan by a Lender under this Amendment Agreement shall be deemed a prepayment of such Loan for purposes of Section 2.15 of the Original Credit Agreement. In addition, any reduction in the length of an existing Interest Period pursuant to Section 1 above shall be deemed a prepayment of the subject Loan as of the date of the last day of such reduced Interest Period and the Company hereby agrees to treat such prepayment in accordance with Section 2.15 of the Original Credit Agreement.
(d) The Agent will, upon receipt thereof, promptly pay to the Departing Lenders and Continuing Lenders any fees and unpaid interest received pursuant to clause (a) or (b) above for their account.
Fees; Interest. All fees, interest and any other amounts payable under the letter of credit facility shall be on arm’s-length terms and conditions.
Fees; Interest. (a) On the Restatement Closing Date, simultaneously with the making of the assignments provided for in Section 2, the Borrowers shall pay (i) to the Administrative Agent, for the accounts of the Departing Lenders and Continuing Lenders, the fees payable pursuant to Section 2.05 of the Original Credit Agreement which have accrued for the period from the last date such fees were paid to but excluding the Restatement Closing Date and (ii) for the account of the Administrative Agent and the Lenders entitled thereto, the fees and expenses referred to in Section 4.02(d) of the Restated Credit Agreement. The fees and expenses described in this Section 6 shall be payable in immediately available funds. Once paid, such fees shall not be refundable under any circumstances.
(b) On the Restatement Closing Date, simultaneously with the making of the assignments provided for in Section 2, the Borrowers shall pay to the Administrative Agent, for the accounts of the Departing Lenders and the Continuing Lenders, all unpaid interest accrued to but excluding the Restatement Closing Date on the Loans (as defined in the Original Credit Agreement) of each such Lender.
Fees; Interest. Customer will pay to Rippling the amount of any unfunded payroll file (including debit returned to Rippling because of insufficient or uncollected funds or for any other reason), plus any associated bank fees or penalties, upon demand and interest on the unfunded payroll amount at the rate of 1.5% per month (or the maximum allowed by law, if less). Also, if any debit to an employee’s, contractor’s or other payee’s account reversing or correcting a previously submitted credit is returned for any reason, Customer will cooperate with Rippling to recover funds credited to any employee or contractor as a result. Customer’s funds may be placed with other clients’, Rippling’s or Rippling- administered funds of a similar type. All amounts earned on such funds while held by Rippling will be for the sole account of Rippling.
Fees; Interest. (a) The Administrative Agent shall have received (i) all fees, costs, expenses and other amounts due and payable on or prior to the First Amendment Effective Date, including, to the extent invoiced, reimbursement or other payment of all out-of-pocket expenses required to be reimbursed or paid by the Borrower hereunder or any other Loan Document and (ii) for the account of each Lender, all interest accrued but unpaid on all existing Loans through the First Amendment Effective Date.
(b) (i) JPMorgan Chase Bank, N.A., shall have received all fees due and payable under that certain engagement letter and fee letter, dated as of November 28, 2017, entered into with the Borrower, (ii) PNC Bank, National Association shall have received all fees due and payable under that certain engagement letter and fee letter, dated as of November 28, 2017, entered into with the Borrower and (iii) U.S. Bank National Association shall have received all fees due and payable under that certain engagement letter and fee letter, dated as of November 28, 2017, entered into with the Borrower.
Fees; Interest. (a) The Administrative Agent shall have received (i) all fees, costs, expenses and other amounts due and payable on or prior to the Sixth Amendment Effective Date, including, to the extent invoiced, reimbursement or other payment of all out-of-pocket expenses required to be reimbursed or paid by the Borrower hereunder or any other Credit Document and (ii) for the account of each Revolving Lender, all interest accrued but unpaid on all existing Revolving Loans through the Sixth Amendment Effective Date.
(b) The Arrangers, as Extension Arrangers (as defined below), shall have each received all fees due and payable under the fee letters between the Sponsor and each Arranger, dated as of March 18, 2020, respectively.
Fees; Interest. The IEDC will in good faith perform its required obligations hereunder and does not agree to pay except as required by Indiana law, in part, Indiana Code § 5-17-5, Indiana Code § 34-54-8, Indiana Code § 34-13-1, and Indiana Code § 34-52-2-3. Notwithstanding the provisions contained in Indiana Code § 5-17-5, the parties stipulate and agree that any liability resulting from the failure to make prompt payment shall be based solely on the amount of funding originating from the State of Indiana and shall not be based on funding from federal or other sources.
Fees; Interest. (a) The Administrative Agent shall have received (i) all fees, costs, expenses and other amounts due and payable on or prior to the Fifth Amendment Effective Date, including, to the extent invoiced, reimbursement or other payment of all out-of-pocket expenses required to be reimbursed or paid by the Borrower hereunder or any other Credit Document and (ii) for the account of each Lender, all interest accrued but unpaid on all existing Loans through the Fifth Amendment Effective Date.
(b) The Arrangers, as Repricing Arrangers (as defined below), shall have each received all fees due and payable under that certain engagement letter, dated as of January 23, 2020, by and among the Sponsor and the Arrangers (the “Fifth Amendment Engagement Letter”), and the fee letters between the Sponsor and each Arranger, dated as of January 23, 2020 or January 30, 2020, as applicable.
Fees; Interest. (a) On the Restatement Date, simultaneously with the making of the assignments provided for in Section 2, the Borrower shall pay to the Administrative Agent, for the accounts of the Lenders (as defined in the Existing Credit Agreement), the fees payable pursuant to Section 2.05 of the Existing Credit Agreement which have accrued for the period from the last date such fees were paid to but excluding the Restatement Date. The fees and expenses described in this Section 5 shall be payable in immediately available funds. Once paid, such fees shall not be refundable under any circumstances.
(b) On the Restatement Date, simultaneously with the making of the assignments provided for in Section 2, the Borrower shall pay to the Administrative Agent, for the accounts of the Lenders (as defined in the Existing Credit Agreement), all unpaid interest accrued to but excluding the Restatement Date on all of the Loans (as defined in the Existing Credit Agreement) of each such Lender.
