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 $10,488.00 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 Metretek 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. Borrower agrees to pay a restructure fee to Bank in the amount of $25,000 upon the execution of this Amendment by Bank. This restructure fee is fully earned at such time and is nonfundable.
Restructure Fee. A new section 5.14 is added to provide as follows:
Restructure Fee. In addition to any other loan fees provided in the Master Agreement, Borrower shall pay Lender a restructure fee in the amount of $100,000 (the “Restructure Fee”). Borrower shall pay the Restructure Fee on or before June 30, 2009.
9. Article II, Section 2.1 of the Master Credit Agreement is amended to add the following conditions precedent:
(i) The Bank Hapoalim LOC and FNBO’s confirmation of the Bank Hapoalim LOC must both be extended in writing in a form acceptable to Lender through March 31, 2009 and that certain letter of credit issued by Bank Hapoalim dated May 9, 2008 in the amount of $5,500,000 (the “Bank Hapoalim Second LOC”) and confirmation by JPMorgan Chase Bank, N.A. (“JPMorgan”) of the Bank Hapoalim Second LOC must both be extended in writing in a form acceptable to Lender through March 31, 2009, or, in the event one or more of the foregoing is not extended, all the funds available under the applicable letter of credit shall be drawn by Lender.
(j) Before March 31, 2009, the Bank Hapoalim LOC and FNBO’s confirmation of the Bank Hapoalim LOC must both be extended in writing in a form acceptable to Lender through April 15, 2009, or, in the event one or more of the foregoing is not extended, all the funds available under the Bank Hapoalim LOC shall be drawn by Lender.
(k) Before March 31, 2009, the Bank Hapoalim Second LOC and JPMorgan’s confirmation of the Bank Hapoalim Second LOC must both be extended in writing in a form acceptable to Lender through June 30, 2009, or, in the event one or more of the foregoing is not extended, all the funds available under the Bank Hapoalim Second LOC shall be drawn by Lender.
(l) Borrower shall have delivered JPMorgan’s consent to the assignment of proceeds under the Bank Hapoalim Second LOC to Lender.
(m) Borrower and Delta-T shall have executed that certain Amended and Restated Promissory Note dated October 22, 2008 issued by Borrower in favor of Delta-T in the principal amount of $5,000,000 (“Amended Promissory Note”) to provide that all remaining payments owed by Borrower to Delta-T thereunder shall not be due or payable on or before 24 months after Performance Test Acceptance (as defined in the Construction Contract) and the principal amount outstanding pursuant to the Amended Promissory Note shall be reduced by all liquidated damages earned by Borrower.
(n) The members of Borrower’s Board of Directors, collectively, shall have invested an additional $1,000,000 in Borrower on terms acceptable to Lender, a...
Restructure Fee. In consideration, among other consideration, for the Agent and the Banks entering into this Amendment, the Borrower hereby agrees to pay to the Agent for distribution to the Lenders a restructure fee in the amount of $50,000, which shall be due and payable on the date hereof. Upon receipt of said restructure fee, the Agent shall distribute the same to Lenders in accordance with their respective Commitment Percentages.
Restructure Fee. Company agrees to pay to Administrative Agent, for distribution to each Lender in proportion to that Lender's Pro Rata Share, a restructure fee in the amount of $250,000, payable in quarterly installments of $62,500 each on April 11, June 30, September 30 and December 31 of each year, with the first such payment due on April 11, 1997."
