Common use of Fifth Amendment Fee Clause in Contracts

Fifth Amendment Fee. A fully earned and non-refundable fifth amendment fee in the amount of Thirty Five Thousand Dollars ($35,000.00), 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).

Appears in 3 contracts

Samples: Loan and Security Agreement (Adynxx, Inc.), Loan and Security Agreement (Adynxx, Inc.), Loan and Security Agreement (Alliqua BioMedical, Inc.)

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Fifth Amendment Fee. A fully earned and earned, non-refundable fifth amendment fee in the an amount of Thirty equal to Twenty-Five Thousand Dollars ($35,000.0025,000), which shall become due and payable upon on the earlier of: (i) the Maturity Fifth Amendment Effective Date, (ii) the acceleration of any Term Loan, or (iii) the prepayment of a Term Loan pursuant to Section 2.2(c) or (d).

Appears in 1 contract

Samples: Loan and Security Agreement (Fluidigm Corp)

Fifth Amendment Fee. A fully earned and non-refundable fifth amendment fee in the amount of Thirty Five Thousand Dollars ($35,000.00), 5,000.00) 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).

Appears in 1 contract

Samples: Loan and Security Agreement (Cytori Therapeutics, Inc.)

Fifth Amendment Fee. A fully earned and non-refundable fifth amendment fee in the amount of Thirty Twenty Five Thousand Dollars ($35,000.0025,000), which shall become due and payable upon the earlier earliest of: (i) the Maturity Date, (ii) the acceleration of any Term Loan, or (iii) the prepayment of a date on which the Term Loan Loans are fully prepaid pursuant to Section 2.2(c) or (d).

Appears in 1 contract

Samples: Loan and Security Agreement (Regulus Therapeutics Inc.)

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Fifth Amendment Fee. A fully earned and non-refundable fifth An amendment fee in the amount of Thirty equal to Fifty-Two Thousand Five Thousand Hundred Dollars ($35,000.00), 52,500) (the “Fifth Amendment Fee”) which shall become be nonrefundable, due and payable upon on the earlier of: earliest to occur of (ia) the Term Loan Maturity Date, or (iib) the acceleration of any Term Loan, or (iiic) the prepayment of a Term Loan pursuant to Section 2.2(c) or (d).

Appears in 1 contract

Samples: Loan and Security Agreement (BioNano Genomics, Inc)

Fifth Amendment Fee. A fully earned and earned, non-refundable fifth amendment fee in the amount of Thirty Thirty-Five Thousand Dollars ($35,000.00), which shall become ) (the “Fifth Amendment Fee”) to be shared between the Lenders in accordance with their respective Pro Rata Shares due and payable upon on the earlier of: earliest to occur of (i) the Maturity Date, (ii) the acceleration of any Term Loan, or and (iii) the prepayment of a Term Loan pursuant to Section Sections 2.2(c) or (d2.2(d)(ii)(II).

Appears in 1 contract

Samples: Loan and Security Agreement (Xeris Pharmaceuticals Inc)

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