Payment of Certain Fees. (a) Notwithstanding any provision in this Agreement to the contrary and without limiting the charges that may be levied under this Agreement the Customer agrees to pay:
(i) the BAMA Contributions; and
(ii) any charges in accordance with the current Grain Services Agreement Charges Schedule specified in Schedule 1.
(b) The Customer acknowledges that:
(i) the charges set out in Schedule 1 are a realistic assessment of the loss and damage that CBH will suffer as a result of a failure by the Customer to comply with their obligations under the Agreement and the Port Terminal Rules;
(ii) CBH is entitled to retain the fees paid or to levy the charges payable as compensation by way of liquidated damages as a result of a failure by the Customer to comply with their obligations under the Agreement; and
(iii) CBH is entitled to invoice the Customer for any additional charges prescribed in Schedule 1 for Grain Outturned by CBH as a direct result of the actions of the Customer or the Customer’s agent.
Payment of Certain Fees. 73 ARTICLE X
Payment of Certain Fees. If and to the extent provided in the Terms Indenture for any Series, the Indenture Trustee will be authorized and directed to pay out of the Bond Account for such Series, prior to making payments on the Bonds, the fees and expenses of the Owner Trustee in accordance with the related Deposit Trust Agreement, the fees of any of the Persons referred to in Section 3.09(b) assisting the Issuer with respect to such Series and the fees of any Rating Agency assigning a rating to the Bonds of such Series. Otherwise, the Issuer or another party will be responsible for such fees.
Payment of Certain Fees. (a) If this Agreement is terminated by Parent in accordance with Section 9.1(b)(i), 9.1(b)(ii)(A)(w), 9.1(b)(ii)(A)(y), 9.1(b)(ii)(B) (unless related to a resolution to take any of the actions set forth in Section 9.1(b)(ii)(A)(x), in which case Section 9.3(c) shall apply) or 9.1(b)(iii) hereof then the Company shall (A) reimburse Parent for all of its Expenses and (B) pay to Parent in immediately available funds a termination fee in an amount equal to $200 million (the "Termination Fee").
(b) If this Agreement is terminated by Parent or the Company pursuant to Section 9.1(d)(iv) hereof and (x) a Takeover Proposal has been made and publicly announced or communicated to the Company's shareholders after the date of this Agreement and prior to the Company Shareholder Meeting and, to the extent applicable, (y) concurrently with or within twelve (12) months of the date of such termination a Third Party Acquisition Event occurs, then the Company shall (i) within one Business Day of the date of termination pursuant to Section 9.1(d)(iv) (A) pay to Parent 50% of the Termination Fee and (B) reimburse Parent for all of its Expenses, and (ii) within one Business Day of the occurrence of such a Third Party Acquisition Event (including any revisions or amendments thereto) pay to Parent 50% of the Termination Fee.
Payment of Certain Fees. The Issuer shall have paid to Prudential or any Purchaser, as applicable, any fees due it pursuant to or in connection with this Agreement, including any Issuance Fee due pursuant to paragraph 2H(1) and any Delayed Delivery Fee due pursuant to paragraph 2H(2).
Payment of Certain Fees. The Facility Lessee shall pay to the Consenting Certificateholders, the Owner Lessor and the Owner Participant all reasonable and documented fees, costs and expenses of the Consenting Certificateholders, the Owner Lessor and the Owner Participant incurred during from June 1, 2018 through the Forbearance End Date and the reasonable and documented fees and out-of-pocket costs and expenses of the legal and financial advisors specified in section 4 of this Agreement. The Facility Lessee shall pay such fees, costs and expenses no later than the fifteenth (15th) calendar day after receipt of monthly invoices for payment of such fees, costs and expenses are delivered to the Facility Lessee by the Consenting Certificateholders, the Owner Lessor and/or the Owner Participant (as applicable), and, in the case of payments in respect of fees and expenses of counsel and financial advisors, shall be deemed replenishments of any retainers or advances held by the applicable professionals (as applicable).
Payment of Certain Fees. Buyer shall have received the Expense Reimbursement (as defined in Section 11.5 hereof).
Payment of Certain Fees. The Borrower agrees to pay to the Administrative Agent (for allocation to the applicable Lenders) on the First Amendment Date the fees specified in clause (i) of Section 4.1 of this Amendment.
Payment of Certain Fees. (a) If this Agreement is terminated by Parent in accordance with Section 10.4(b) or 10.4(c) hereof by reason of the occurrence of any event, not resulting from the wilful action or wilful omission or gross negligence of the Company or any of its Subsidiaries, and which is specified in clause (e) of Annex A, then the Company shall reimburse Parent in immediately available funds for the reasonable documented expenses of Parent and Merger Sub incurred in connection with the transactions contemplated by this Agreement (including, without limitation, printing fees, filing fees and fees and expenses of its legal and financial advisors and all fees and expenses payable to any financing courses) not to exceed $8,000,000, such payment to be made by the Company not later than the second business day after receipt by the Company of documentation evidencing such expenses.
Payment of Certain Fees. (a) In the event that (i) Parent announces or effects a merger, acquisition, joint venture, business combination or other transaction, as contemplated by Section 7.5(c), that involves the acquisition of significant businesses, assets or properties, (ii) such announcement or transaction is a significant factor in the failure of any of the conditions set forth in Section 8.1(b), 8.1(c) or 8.2(e) to be satisfied or waived prior to September 30, 1999 (which test will not be met if such announcement or transaction would not have been a significant factor but for a transaction or transactions announced by the Company following execution of this Agreement), (iii) this Agreement is terminated pursuant to Section 9.2(a), and (iv) Parent would have been obligated to consummate the Merger but for the failure of any of the conditions set forth in Section 8.1(b), 8.1(c) or 8.2(e) to be satisfied or waived prior to the date of such termination, then promptly following such termination Parent will pay to the Company the sum of $1.75 billion in cash.
(b) In the event that this Agreement is terminated pursuant to Section 9.2(c) or 9.3(a), promptly following such termination Parent will pay to the Company the sum of $1.75 billion in cash. In the event that that this Agreement is terminated pursuant to Section 9.2(d) or 9.4(a), promptly following such termination the Company will pay to Parent the sum of $1.75 billion in cash.
