Restructuring Expenses. In the event the Bank and the Borrower negotiate for, or enter into, any restructuring, modification or refinancing of the Indebtedness under this Agreement for the purposes of remedying an Event of Default, The Bank, may require the Borrower to reimburse all of the Bank's costs and expenses incurred in connection therewith, including, but not limited to reasonable attorneys' fees and the costs of any audit or appraisals required by the Bank to be performed in connection with such restructuring, modification or refinancing.
Restructuring Expenses. On the Effective Date, the Reorganized Debtor shall pay any and all Restructuring Expenses (as defined in the Plan).
Restructuring Expenses. The Restructuring Expenses incurred, or estimated to be incurred, up to and including the Effective Date, payable pursuant to the TSA shall be paid in full in Cash on the Effective Date (to the extent not previously paid during the course of the Chapter 11 Cases) in accordance with, and subject to, the terms of the TSA, without any requirement to file a fee application with the Court, without the need for itemized time detail, or without any requirement for Court review or approval. All Restructuring Expenses to be paid on the Effective Date shall be estimated prior to and as of the Effective Date.
Restructuring Expenses. The Company will pay (i) the fees and expenses of the Committee’s counsel (including local counsel) and financial advisor in accordance with their respective engagement letters, and (ii) the reasonable out-of-pocket expenses of the Committee members in connection with any travel to meetings with the Company. The obligations of the Company to pay such fees and expenses shall not be subject to the bankruptcy court’s approval of such fees and expenses.
Restructuring Expenses. On the Effective Date, Xxxxx agrees to pay the reasonable and documented out-of-pocket fees, costs and expenses of Ropes and its local counsel, as well as any other reasonable and documented out-of-pocket fees, costs and expenses incurred by the Company and the Trustee (collectively, the “Transaction Expenses”).
Restructuring Expenses the principal component of any Sale/Leaseback Transaction that constitutes an operating lease; and
Restructuring Expenses. On October 1, 2000, Parent shall pay ---------------------- ChipPAC $1,500,000.00 USD in cash, by wire transfer of immediately available funds, to assist ChipPAC in the restructuring of the Company's operations (including, without limitation, the restructuring of the Hermetic and MOV and other product lines).
Restructuring Expenses. Not incur restructuring expenses in connection with the discontinuation of operations of the Booneville facility of the Companies in excess of One Million Two Hundred Thousand Dollars ($1,200,000) in Fiscal Year 2004."
14. Effective the date hereof, Exhibit E is added to the Consignment and Forward Contracts Agreement in the form of Schedule A attached hereto and made a part hereof.
15. Effective the date hereof, Exhibit F is added to the Consignment and Forward Contracts Agreement in the form of Schedule B attached hereto and made a part hereof.
16. The Companies hereby acknowledge and agree that, due to a change in the risk profile of the Companies, from and after the date hereof, all examinations, audits and inventories performed by FPM pursuant to the provisions of Paragraph 7.2 of the Consignment and Forward Contracts Agreement shall be at the sole cost and expense of the Companies.
17. All necessary conforming changes to the Consignment and Forward Contracts Agreement necessitated by reason of this Seventh Amendment and Agreement to Consignment and Forward Contracts Agreement shall be deemed to have been made.
18. All references to the "Consignment and Forward Contracts Agreement" in all documents or agreements by and between the parties hereto, shall from and after the effective date hereof refer to the Consignment and Forward Contracts Agreement, as previously amended and as amended hereby, and all obligations of the Companies under the Consignment and Forward Contracts Agreement, as previously amended and as amended hereby, shall be secured by and be entitled to the benefits of such other documents and agreements.
19. Except as amended hereby, the Consignment and Forward Contracts Agreement shall remain in full force and effect and is in all respects hereby ratified and affirmed.
20. The Companies jointly and severally covenant and agree to pay all out-of-pocket expenses, costs and charges incurred by FPM (including reasonable fees and disbursements of counsel) in connection with the preparation and implementation of this Seventh Amendment and Agreement to Consignment and
Restructuring Expenses. Promptly following the receipt of an invoice therefor, the Restructuring Expenses incurred, or estimated to be incurred, up to and including the Effective Date, shall be paid in full in Cash on the Effective Date or as soon as reasonably practicable thereafter (to the extent not previously paid during the course of the Chapter 11 Cases) in accordance with, and subject to, the terms of the Restructuring Support Agreement, without any requirement to file a fee application with the Bankruptcy Court, without the need for itemized time detail, or without any requirement for Bankruptcy Court review or approval. All such Restructuring Expenses to be paid on the Effective Date shall be calculated or estimated as of the Effective Date, as applicable, and invoices documenting such Restructuring Expenses shall be delivered to the Debtors at least two (2) Business Days prior to the anticipated Effective Date; provided that such estimates shall not be considered an admission or limitation with respect to such fees and expenses. On or as soon as reasonably practicable after the Effective Date, final invoices for all Restructuring Expenses incurred prior to and as of the Effective Date shall be submitted to the Debtors or Reorganized Debtors, as applicable, and such invoices shall be paid in full in Cash in accordance with, and subject to, the terms of the Restructuring Support Agreement.
Restructuring Expenses the fees and expenses incurred in connection with the Chapter 11 Case, as well as the funding of obligations necessary to implement the Plan, including, but not limited to, any costs or reserves associated with the Exit Financing Facility, the fees due and owing to the U.S. Trustee and the fees and expenses of Professionals, the Prepetition Credit Facility Agent, the DIP Agent, and the Consenting Lenders.
