Common use of Restructuring Fee Clause in Contracts

Restructuring Fee. 26.1 In consideration for the Lenders agreeing to support and participate in the Restructuring pursuant to this Agreement and the Implementation Plan, the Lenders shall be jointly and severally entitled to the Restructuring Fee which shall be payable by the Company on the Restructuring Effective Date immediately prior to the Share Issuance in accordance with the Restructuring Fee Allocation Letter. 26.2 The Parties hereby agree that the Restructuring Fee (and each Lender’s entitlement to their proportion of the Restructuring Fee) together with each Lender’s entitlement to the Assigned Receivables in accordance with the Assignment Deeds shall be converted in to the Lender Shares for which the relevant Lender shall, if it so elects, subscribe pursuant to the Subscription List. 26.3 In the event that a Lender elects not to subscribe for all or part of the Lender Shares that they would otherwise be entitled to in accordance with paragraph 27 (Subscription of Equity) of the Implementation Plan, such Lender agrees that it shall not be entitled to any portion of the Assigned Receivables and its amount of the Restructuring Fee that would otherwise have been converted into a proportion of the Lender Shares with respect to the relevant Lender Class shall be assigned to the Subscribing Lenders in accordance with the Implementation Plan.