REFUND OF INITIAL FEE Sample Clauses

REFUND OF INITIAL FEE. If this Agreement is terminated by Elephant & Castle pursuant to Article 4.2, then Elephant & Castle will retain fifty percent (50%) of the Initial Fee paid by the Franchisee as payment for the administrative and out-of-pocket expenses incurred by Elephant & Castle including, but not limited to, executives' and employees' salaries, salespersons' commissions, attorneys' fees, accountants' fees, travel expenses, training costs, legal compliance, marketing costs and long distance telephone calls. CONTINUING FEE AMOUNT OF CONTINUING FEE; DATE PAYABLE. In addition to the Initial Fee payable by the Franchisee, the Franchisee will pay Elephant & Castle a weekly Continuing Fee equal to the greater of: (a) five percent (5%) of the Franchisee's weekly Gross Sales for the preceding week; or (b) one thousand two hundred and fifty dollars ($1,250). The weekly Continuing Fee will be paid to Elephant & Castle by the Franchisee by Wednesday of each week for the preceding week. The minimum weekly Continuing Fee of one thousand two hundred and fifty dollars ($1,250) will not be applicable until the first full week of the seventh month after the date of this Agreement, and beginning on Wednesday of that week, the Franchisee will pay the greater of the amounts set forth above.
Sample 1
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REFUND OF INITIAL FEE. In the event that the FRANCHISEE or this Agreement is rejected by COST CUTTERS pursuant to Article 4.2, then the Initial Fee, only if paid to COST CUTTERS under the provisions of Articles 4.1(A) or 4.1(C) above, will be refundable to the FRANCHISEE after deducting all reasonable administrative and out-of-pocket expenses incurred by COST CUTTERS including, but not limited to, executives' and employees' salaries, costs for the time of its employees, salespersons' commissions, marketing costs, training costs, attorneys' fees, accountants' fees, travel expenses and long distance telephone calls. The FRANCHISEE will be notified by COST CUTTERS in writing if either this Agreement or the FRANCHISEE is rejected by COST CUTTERS pursuant to Article 4.2. Except as specifically set forth in this Article 4.3, the Initial Fee payable by the FRANCHISEE pursuant to Article 4.1 will not be refundable to the FRANCHISEE.
Sample 1
REFUND OF INITIAL FEE. In the event that the FRANCHISEE or this Agreement is rejected by COST CUTTERS pursuant to Article 4.2, then the Initial Fee will be refundable to the FRANCHISEE after deducting all reasonable administrative and out-of-pocket expenses incurred by COST CUTTERS including, but not limited to, executives' and employees' salaries, costs for the time of its employees, salespersons' commissions, marketing costs, training costs, attorneys' fees, accountants' fees, travel expenses and long distance telephone calls. The FRANCHISEE will be notified by COST CUTTERS in writing if either this Agreement or the FRANCHISEE is rejected by COST CUTTERS pursuant to Article 4.2. Except as specifically set forth in this Article 4.3, the Initial Fee payable by the FRANCHISEE pursuant to Article 4.1 will not be refundable to the FRANCHISEE.
Sample 1
REFUND OF INITIAL FEE. In the event that the FRANCHISEE or this Agreement is rejected by WCH pursuant to Article 4.2, then the Initial Fee will be refundable to the FRANCHISEE after deducting all reasonable administrative and out-of-pocket expenses incurred by WCH including, but not limited to, executives' and employees' salaries, costs for the time of its employees, salespersons' commissions, marketing costs, training costs, attorneys' fees, accountants' fees, travel expenses and long distance telephone calls. The FRANCHISEE will be notified by WCH in writing if either this Agreement or the FRANCHISEE is rejected by WCH pursuant to Article 4.2. Except as specifically set forth in this Article 4.3, the Initial Fee payable by the FRANCHISEE pursuant to Article 4.1 will not be refundable to the FRANCHISEE.
Sample 1
REFUND OF INITIAL FEE. In the event that either this Agreement or the FRANCHISEE is rejected by CITY LOOKS pursuant to Article 4.2 above, then the Initial Fee will be refundable to the FRANCHISEE after deducting all reasonable administrative and out-of-pocket expenses incurred by
Sample 1
REFUND OF INITIAL FEE. In the event that either this Agreement or the FRANCHISEE is rejected by CITY LOOKS pursuant to Article 4.2 above, then the Initial Fee will be refundable to the FRANCHISEE after deducting all reasonable administrative and out-of-pocket expenses incurred by CITY LOOKS including, but not limited to, executives' and employees' salaries, costs for the time of its employees, salespersons' commissions, marketing costs, training costs, attorneys' fees, accountants' fees, travel expenses and long distance telephone calls. The FRANCHISEE will be notified by CITY LOOKS in writing if either this Agreement or the FRANCHISEE is rejected by CITY LOOKS pursuant to Article 4.2. Except as specifically set forth in this Article 4.3, the Initial Fee payable by the FRANCHISEE pursuant to Article 4.1 will not be refundable to the FRANCHISEE.
Sample 1
REFUND OF INITIAL FEE. In the event that the FRANCHISEE or this Agreement is rejected by WCH pursuant to Article 4.2, then the Initial Fee will be refundable to the FRANCHISEE after deducting all reasonable administrative and out-of-pocket expenses incurred by WCH including, but not limited to, executives' and employees' salaries, costs for the time of its employees, salespersons' commissions, marketing costs, training costs, attorneys' fees, accountants' fees, travel expenses and long
Sample 1
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Related to REFUND OF INITIAL FEE

  • Initial Fee In consideration of the rights and licenses granted to Licensee under this Agreement, Licensee shall pay Licensor an initial fee of $500,000 within [***] after the Effective Date.

  • Additional Fees The Borrower has agreed to pay to the Administrative Agent and the Arranger additional fees, the amount and dates of payment of which are embodied in the Fee Letter.

  • Payment at Closing; Fee Letters The Borrower shall have paid to the Administrative Agent and the Lenders the fees set forth or referenced in Section 4.3 and any other accrued and unpaid fees or commissions due hereunder (including, without limitation, legal (including, without limitation, local counsel) fees and expenses) and to any other Person such amount as may be due thereto in connection with the transactions contemplated hereby, including all taxes, fees and other charges in connection with the execution, delivery, recording, filing and registration of any of the Loan Documents.

  • Renewal Fee Borrower agrees to pay a fee equal to one-quarter of one percent (0.25%) of the Bank’s committed amount for the Line of Credit upon any renewal of the Line of Credit.

  • Payment of Extension Fee The Borrower shall pay to the Agent for the pro rata accounts of the Lenders in accordance with their respective Commitments an extension fee in an amount equal to fifteen (15) basis points on the Total Commitment in effect on the Maturity Date (as determined without regard to such extension), which fee shall, when paid, be fully earned and non-refundable under any circumstances.

  • Closing Fees On the Effective Date, the Borrower agrees to pay to the Administrative Agent and each Lender all loan fees as have been agreed to in writing by the Parent and the Joint Lead Arrangers.

  • Closing Fees, Expenses, etc The Administrative Agent shall have received for its own account, or for the account of each Lender, as the case may be, all fees, costs and expenses due and payable pursuant to Sections 3.3 and 10.3, if then invoiced.

  • Termination Fee; Expenses Except as provided in this ------------------------- Section 7.3, all fees and expenses incurred by the parties hereto shall be borne solely and entirely by the party which has incurred such fees and expenses. In the event that (A) a Takeover Proposal shall have been made known to the Company or shall have been made directly to its stockholders generally or any person shall have publicly announced an intention (whether or not conditional) to make a Takeover Proposal and thereafter this Agreement is terminated by the Company either (I) pursuant to Section 7.1(b)(iii) hereof or, (II) if the Offer has remained open for at least 20 business days and the Minimum Condition has not been satisfied (and none of the events described in paragraphs (a), (b), (d) and (e) of Annex A shall have occurred so as to result in a condition to the Offer not being satisfied), pursuant to Section 7.1(b)(ii) hereof, and in the case of either clause (I) or (II) such Takeover Proposal is consummated within one (1) year of such termination or (B) this Agreement (i) is terminated by Parent pursuant to Section 7.1(d)(ii), or (ii) is terminated by the Company pursuant to Section 7.1(c)(ii), then the Company shall pay to Parent (in the case of a termination pursuant to Section 7.1(c)(ii), prior to or simultaneously with such termination, or in the case of a termination pursuant to Section 7.1(d)(ii), not later than one (1) business day after such termination, or in the case of a termination pursuant to Section 7.1(b)(ii) or 7.1(b)(iii), upon the consummation of such Takeover Proposal) a termination fee equal to $10 million in cash and shall reimburse Parent's out-of-pocket expenses, including attorneys' fees, related to this Agreement and the transactions contemplated hereby. The fee arrangement contemplated hereby is the sole remedy hereunder and shall be paid pursuant to this Section 7.3 regardless of any alleged breach, other than a willful or intentional breach, by Parent of its obligations hereunder, provided that no payment made by the Company pursuant to this Section 7.3 shall operate or be construed as a waiver by the Company of any breach of this Agreement by Parent or Purchaser or of any rights of the Company in respect thereof.

  • Fund Fee The monthly Fund Fee ("Monthly Fund Fee") shall be the sum of the daily Fund Fee accruals ("Daily Fund Fee Accruals") for each month. The Daily Fund Fee Accrual for any particular day will be computed by multiplying the fraction of one (1) over the number of calendar days in the year by the Fund Fee Rate of 0.35% and multiplying this product by the net assets of the Fund for that day, as determined in accordance with the Fund's prospectus as of the close of business on the previous business day on which the Fund was open for business.

  • Voluntary Fee Waiver/Expense Reimbursement Nothing herein shall preclude an Adviser from contractually waiving other fees and/or reimbursing expenses of any Fund, voluntarily waiving Advisory Fees it is entitled to from any Fund or voluntarily reimbursing expenses of any Fund as the Adviser, in its discretion, deems reasonable or appropriate. Any such voluntary waiver or voluntary expense reimbursement may be modified or terminated by the Adviser at any time in its sole and absolute discretion without the approval of the Fund’s Board of Trustees or Board of Directors, as the case may be.

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