Investor Fees. The Investor Fees incurred through and including the Closing Date shall have been paid by Parent or the Company to the Investors (in such allocation among them as they may determine in their sole discretion);
Investor Fees. Company will not, and will not permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees or other amounts to or for the account of Investor or any Affiliate of Investor.
Investor Fees. No Borrower will, or will permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees (exclusive of up to $250,000 of fees paid to independent directors in any Fiscal Year) to or for the account of Investor or any Affiliate of Investor except, so long as no Event of Default is then continuing or would result therefrom, pursuant to the Management Agreement as it exists on the date hereof.
Investor Fees. Except as disclosed on Schedule 3.15, Borrower will not, and will not permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees or other amounts to or for the account of any Affiliate of Borrower or Investor or any Affiliate of Investor except, so long as no Event of Default is then continuing or would result therefrom, the Dr. Obagi Payments and as required pursuant to the Management Agreements as they exist on the date hereof.
Investor Fees. Except as expressly provided for and permitted under Section 5.4(d),] Borrower will, or will permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees or other amounts to or for the account of Investor or any Affiliate of Investor, except for placement agent fees that may be paid to Sanders Morris Harris Inc. in connection with the sale of equity secxxxxxxx xx Xxxxxxxx.
Investor Fees. Borrower will not, and will not permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees or other amounts to or for the account of any Investor or any Affiliate of any Investor except (a) pursuant to the Management Agreement as it exists on the Third Restatement Effective Date, provided that any and all amounts due, owing or payable thereunder, howsoever characterized (but excluding reimbursement for out of pocket expenses), shall not exceed the greater of (i) $300,000 per Fiscal Year of Borrower and (ii) an amount equal to 1.5% of Borrower’s EBITDA for the most recent period for which a Compliance Certificate was delivered to Agent pursuant to the terms of this Agreement; and provided, further that any amounts paid or payable by Borrower representing reimbursement for out of pocket expenses shall not exceed an amount equal to 30% of the amounts otherwise paid or payable under clauses (i) or (ii) above and (b) the IPO Fee.”
(12) Section 5.14 of the Credit Agreement is hereby deleted in its entirety and the following is substituted in lieu thereof:
Investor Fees. Borrower will not, and will not permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees or other amounts to or for the account of any Investor or any Affiliate of any Investor except pursuant to the Management Agreement as it exists on the Third Restatement Effective Date, provided that any and all amounts due, owing or payable thereunder, howsoever characterized (but excluding reimbursement for out of pocket expenses), shall not exceed the greater of (i) $300,000 per Fiscal Year of Borrower and (ii) an amount equal to 1.5% of Borrower’s EBITDA for the most recent period for which a Compliance Certificate was delivered to Agent pursuant to the terms of this Agreement; and provided, further that any amounts paid or payable by Borrower representing reimbursement for out of pocket expenses shall not exceed an amount equal to 30% of the amounts otherwise paid or payable under clauses (i) or (ii) above.
Investor Fees. No Borrower will directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees or other amounts to or for the account of Investor or any Affiliate of Investor except to the extent permitted under Section 5.4 above.
Investor Fees. The Company shall not, and shall not permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any fees or other amounts to or for the account of any Investor except (i) so long as no Event of Default is then continuing or would result therefrom, pursuant to the Management Agreement and subject to the terms of the Investors Subordination Agreement, (ii) amounts payable to Capital Partners for investment advisory services rendered in connection with the Closing in an aggregate amount not to exceed $120,000, and (iii) distributions by the Company permitted pursuant to Section 8.04(a)(iv).
Investor Fees. No Credit Party shall, directly or indirectly, pay or become obligated to pay any fees or other amounts to or for the account of any Investor.
