Restructure Fee. In addition to all other amounts due or to become due hereunder, on the earliest to occur of (i) the Maturity Date; (ii) the date of prepayment of all of the Notes, or (ii) March 1, 2009, Borrower shall pay to Lender a restructure fee in the amount of $150,000, in cash.
Restructure Fee. On or before the Closing Date, the Borrower shall pay to Restructure Agent a fee of $1,950,000.00 (the "Restructure Fee"). Such fees shall be distributed to each agent of the Existing Facilities pro rata in accordance with the amounts of the Existing Facilities and then disbursed to the Restructure Lenders in a manner to be determined by the agent of the Existing Facility applicable to each Restructure Lender.
Restructure Fee. A restructure fee of $8,522.00 is payable by the Borrower upon acceptance of this amending agreement. This fee is non-refundable and is deemed to be earned by the Bank upon acceptance of this amending agreement, to compensate for time, effort and expense incurred by the Bank in approving the amendments to the Credit Facility provided for herein.
Restructure Fee. The Borrower shall pay the Lender as of the date hereof a fully earned, non-refundable restructure fee in the amount of $7,500 in consideration of the Lender's execution and delivery of this Amendment. The Borrower will be given full credit on a dollar for dollar basis against the restructure fee payable hereunder to the extent such amount is paid to the Lender pursuant to the Southern Flow Credit and Security Agreement or the PowerSecure Credit and Security Agreement.
Restructure Fee. The Borrower shall pay the Lender as of the date hereof a fully earned, non-refundable restructure fee in the amount of $10,000 in consideration of the Lender’s execution and delivery of this Amendment.
Restructure Fee. A new section 5.15 is added to provide as follows:
Restructure Fee. Contemporaneously with the execution of this Amendment, Borrower shall pay to Lender a Restructure Fee in the amount of $25,000, which Restructure Fee is fully earned and nonrefundable as of such date.
Restructure Fee. In the event any Obligations are outstanding on a Restructure Fee Payment Date and this Agreement and the other Loan Documents then remain in effect, the Borrowers shall pay to the Agent on such Restructure Fee Payment Date, for the account of the Lenders (as of such Restructure Fee Payment Date) in accordance with their respective Pro Rata Shares, a fee in the amount equal to two percent (2.0%) of the Revolving Credit Commitments in effect on such Restructure Fee Payment Date. Such fee shall (i) be payable to the Agent at its office in New York, New York in immediately available funds, (ii) be fully earned and nonrefundable when paid, (iii) be in addition to, and not in lieu of, interest, compensation, expense reimbursements, indemnification and other Obligations payable under the terms of the Loan Documents, (iv) bear interest, if not paid when due, at the interest rate described in Section 5.01(c), (v) constitute Obligations, and (vi) secured by all of the Collateral. Upon payment in full of the fee required under Section 5.02(c)(ii), the amount payable under this Section 5.02(f) on August 14, 2001 shall be reduced by the amount of such fee.
Restructure Fee. On the Closing Date, a restructure fee in an amount equal to $100,000, which fee shall be deemed fully earned and payable on such Closing Date.
Restructure Fee. Borrower hereby agrees to pay to Agent, for the --------------- ratable benefit of Lenders, a restructure fee (the "Restructure Fee") payable as --------------- follows: (a) $250,000, payable on April 21, 1999; and (b) $750,000, payable on the earlier of (i) July 10, 1999, and (ii) the date on which Borrower receives the Net Proceeds of the first Equity Issuance by Borrower after the Effective Date (as defined in Section 9 below). The Restructure Fee has been fully earned --------- on the date hereof and shall be non-refundable when paid. Any failure by Borrower to comply with the obligations in this Section 4 shall constitute an --------- Event of Default.
