Twelfth Amendment Fee Sample Clauses

Twelfth Amendment Fee. The Borrowers shall pay to the Agent for the account of the Lenders, in accordance with their Pro Rata Shares, an amendment fee (the “Twelfth Amendment Fee”) equal to $900,000, which shall be due and payable on the earlier to occur of December 15, 2012 and the date the MLP IPO occurs. The Borrowers agree that the Twelfth Amendment Fee has been fully earned as of the date hereof and that no portion of the Twelfth Amendment Fee shall be refundable for any reason whatsoever.
Sample 1Sample 2
Twelfth Amendment Fee. The Borrower shall pay to the Administrative Agent, for the ratable benefit of each Lender, an amendment fee in an amount equal to four percent (4.0%) of the Aggregate Commitments as of the date of, and after giving effect to, this Amendment (the “Twelfth Amendment Fee”), which Twelfth Amendment Fee shall be fully earned and non-refundable as of the Twelfth Amendment Effective Date; provided, that (i) if all Obligations under the Loan Documents are repaid in full on or before January 31, 2019, an amount equal to 100% of the Twelfth Amendment Fee shall be forgiven by the Lenders, (ii) if all Obligations under the Loan Documents are repaid in full on or before February 28, 2019, an amount equal to 87.5% of the Twelfth Amendment Fee shall be forgiven by the Lenders and (iii) if all Obligations under the Loan Documents are repaid in full on or before March 29, 2019, an amount equal to 75% of the Twelfth Amendment Fee shall be forgiven by the Lenders. Subject to the foregoing, the Twelfth Amendment Fee shall be due and payable as follows: (x) an amount equal to 40% of the Twelfth Amendment Fee shall be due and payable on April 1, 2019; (y) an amount equal to 30% of the Twelfth Amendment Fee shall be due and payable on May 1, 2019 and (z) the remainder of the Twelfth Amendment Fee shall be due and payable on June 3, 2019; provided, that the entire amount of the Twelfth Amendment Fee shall be automatically due and payable upon the earlier to occur of acceleration of the Obligations under the Loan Documents or, subject to the proviso in the first sentence of this Section 5, repayment in full of all Obligations under the Loan Documents.
Sample 1
Twelfth Amendment Fee. No later than January 5, 2005, pay to Agent, for the benefit of the Lenders on a pro-rata basis, an amendment fee in the amount of $15,000, which fee shall be fully earned on December 28, 2004, and non-refundable when paid.” (d) Section 7.1 of the Loan Agreement, “Indebtedness”, is hereby amended and modified by amending and restating clause (d) of such Section in its entirety as follows:
Sample 1
Twelfth Amendment Fee. In connection with the execution and delivery of the Twelfth Amendment, Borrower shall pay to Foothill a fee of $500,000 (the "Twelfth Amendment Fee") that shall be payable in full in cash on the earliest to occur of (i) the Maturity Date, (ii) the date that all of the Obligations (other than the Twelfth Amendment Fee) have been paid in full in cash, and (iii) the date that Foothill declares all of the Obligations due and payable in accordance with the Loan Agreement as a result of an Event of Default which has occurred and is continuing; provided, however, that (i) if the aggregate amount of the Obligations outstanding as of November 30, 2000 is not more than $17,000,000, then Foothill agrees to waive one-third of the Twelfth Amendment Fee, (ii) if the aggregate amount of the Obligations outstanding as of April 30, 2001 is not more than $9,000,000, then Foothill agrees to waive an additional one-third of the Twelfth Amendment Fee, and (iii) if the aggregate amount of the Obligations outstanding as of June 30, 2001 is not more than $5,000,000, then Foothill agrees to waive the balance of the Twelfth
Sample 1
Twelfth Amendment Fee. Company acknowledges and agrees that the amendment fee earned pursuant to Amendment Number Twelve in the amount of $363,900.35 is being paid in kind on the date hereof by being capitalized and added to the outstanding principal amount of the Term Loan. After such payment in kind on the date hereof, the outstanding principal amount of the Term Loan is $10,363,900.35.
Sample 1

Related to Twelfth Amendment Fee

  • Amendment Fees The Borrower agrees to pay to the Administrative Agent for the account of each 00000000 Bank on the First Amendment Effective Date the upfront fees required to be paid on such date, as set forth in the 20152016 Fee Letters.

  • Amendment Fee The Borrower shall pay the Lender as of the date hereof a fully earned, non-refundable fee in the amount of $10,000 in consideration of the Lender’s execution and delivery of this Amendment.

  • First Amendment The Administrative Agent shall have received multiple counterparts as requested of the this First Amendment from each Lender.

  • Second Amendment The Administrative Agent shall have received this Second Amendment, duly executed and delivered by the Borrower, the Required Lenders and the Administrative Agent.

  • Waiver and Amendment Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.

  • Amendment costs If (a) the Borrower requests an amendment, waiver or consent or (b) an amendment is required pursuant to Clause 27.9 (Change of currency), the Borrower shall, within three Business Days of demand, reimburse the Agent for the amount of all costs and expenses (including legal fees) reasonably incurred by the Agent in responding to, evaluating, negotiating or complying with that request or requirement.

  • FIRST AMENDMENT TO LEASE This First Amendment to Lease (this “Amendment”), made as of March 16, 2006, by and between ARE-MA REGION NO. 28, LLC, a Delaware limited liability company (“Landlord”) and ALNYLAM PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).

  • AMENDMENT AGREEMENT The Global Custody Agreement of January 3, 1994, (the “Custody Agreement”), as amended from time to time, by and between each of the Entities listed in Schedule A, as amended thereto, severally and not jointly (each such entity referred to hereinafter as the “Customer”) and JPMorgan Chase Bank, whose contracts have been assumed by JPMORGAN CHASE BANK (the “Bank”) is hereby further amended, as of December 14, 2005 (the “Amendment Agreement”). Terms defined in the Custody Agreement are used herein as therein defined.

  • Termination Waiver and Amendment 40 7.1 Termination....................................................................................40 7.2

  • Term of Agreement; Amendment This Agreement shall become effective as of the date first written above and will continue in effect for a period of three (3) years. This Agreement may be terminated by either party upon giving 90 days prior written notice to the other party or such shorter period as is mutually agreed upon by the parties. Notwithstanding the foregoing, this Agreement may be terminated by any party upon the breach of the other party of any material term of this Agreement if such breach is not cured within 15 days of notice of such breach to the breaching party. This Agreement may not be amended or modified in any manner except by written agreement executed by USBFS and the Trust, and authorized or approved by the Board of Trustees.