Upfront Commitment Fee. On the Closing Date, the Borrower shall pay to each Committed Lender, the Upfront Commitment Fee due to it pursuant to the Fee Letter.
Upfront Commitment Fee. On or before the date of execution of this Agreement, Borrower shall pay to Bank a nonrefundable commitment fee with respect to the Term Loan of One Hundred Seventy Two Thousand Five Hundred Dollars ($172,500) which shall be fully-earned on receipt.
Upfront Commitment Fee. In consideration for the Investor’s execution and delivery of this Agreement on the Closing Date, the Company shall issue to the Investor the Upfront Commitment Fee on the Commencement Date, by transfer of the Commitment Shares to an account designated by the Investor, and will provide Investor, not later than 4:00 P.M. New York City time on the Trading Day immediately prior to the Commencement Date, one or more book-entry statement(s) representing the Commitment Shares in the name of the Investor or its designee. For the avoidance of doubt, the entire amount of the Upfront Commitment Fee shall be fully earned by the Investor when such amount is paid in accordance with this Section 10.1(ii) on the Commencement Date and shall be non-refundable, regardless of whether any VWAP Purchases are made or settled hereunder or any subsequent termination of this Agreement. Upon issuance pursuant to this Section 11.1(ii), the Commitment Shares shall constitute “restricted securities” as such term is defined in Rule 144(a)(3) under the Securities Act and, subject to the provisions of subsection (iv) of this Section 11.1, the certificate or book-entry statement representing the Commitment Shares shall bear the restrictive legend set forth below in subsection (iii) of this Section 11.1. The Commitment Shares shall constitute Registrable Securities and shall be included in the Initial Registration Statement and any post-effective amendment thereto, and the Prospectus included therein, and, if necessary to register the resale thereof by the Investor under the Securities Act, in any New Registration Statement and any post-effective amendment thereto, and the Prospectus included therein, in each case in accordance with this Agreement and the Registration Rights Agreement. For the avoidance of doubt, all of the Commitment Shares and the entire amount shall be fully earned by the Investor and shall be non-refundable as of the Commencement Date, regardless of whether any VWAP Purchases are made or settled hereunder or any subsequent termination of this Agreement.
Upfront Commitment Fee. Borrower agrees to pay to Lender, on the Closing Date, an upfront commitment fee in respect of the Revolving Commitment of in the amount of $25,000.
Upfront Commitment Fee. The Borrower agrees to pay to the Agent for the account of each Lender (subject, with respect to any Defaulting Lender, to the limitations set forth in Section 2.24.1(iii)) an upfront commitment fee (the "Upfront Commitment Fee") equal to 0.10% of such Xxxxxx's Commitment (whether used or unused).
Upfront Commitment Fee. Borrower agrees to pay to Lender, on the Closing Date, an upfront commitment fee in respect of the Commitment of Lender to Borrower in the amount of $60,000.
Upfront Commitment Fee. In consideration for the Investor’s execution and delivery of this Agreement, the Company shall instruct the Company’s transfer agent to issue to the Investor the Upfront Commitment Fee no later than one Trading Day following the filing of the Initial Registration Statement, by transfer of the Commitment Shares to an account designated by the Investor on or prior to the Closing Date, and will provide Investor, one or more book-entry statement(s) representing the Commitment Shares in the name of the Investor or its designee. For the avoidance of doubt, the entire amount of the Upfront Commitment Fee shall be fully earned by the Investor and shall be non-refundable as of the Closing Date, regardless of whether any VWAP Purchases are made or settled hereunder or any subsequent termination of this Agreement. Upon issuance, the Upfront Commitment Fee shall constitute “restricted securities” as such term is defined in Rule 144(a)(3) under the Securities Act and, subject to the provisions of subsection (iv) of this Section 10.1, the certificate or book-entry statement representing the Upfront Commitment Fee shall bear the restrictive legend set forth below in subsection (iii) of this Section 10.1. The Upfront Commitment Fee shall constitute Registrable Securities and shall be included in the Initial Registration Statement and any post-effective amendment thereto, and the Prospectus included therein and, if necessary to register the resale thereof by the Investor under the Securities Act, in any New Registration Statement and any post-effective amendment thereto, in each case in accordance with this Agreement and the Registration Rights Agreement.
Upfront Commitment Fee. On or before the date of execution of this Agreement, Borrower shall pay to Bank a nonrefundable prorata commitment fee of Five Thousand Dollars ($5,000.00). The prorata calculation shall be based on the number of days from the first day the Loan is available to the Borrower through the Loan’s maturity of June 2, 2003.
Upfront Commitment Fee. Borrower shall pay to Agent, for the ---------------------- ratable account of the Lenders based on their respective Proportionate Shares, an upfront commitment fee in the aggregate amount of $218,750, payable on the Closing Date.
Upfront Commitment Fee. Not applicable.
