Common use of Upfront Fee Clause in Contracts

Upfront Fee. The Borrowers shall pay to the Administrative Agent, for the account of each Lender party to this Agreement as of the Restatement Date, an upfront fee in the amounts, and at the times, pursuant to the Fee Letter, and as may be further agreed upon in writing by the Primary Operating Company and the Administrative Agent from time to time. Additionally, the Borrowers shall pay to the Administrative Agent (i) for the account of each Incremental Revolving Facility Lender, an upfront fee (an “Incremental Revolving Facility Upfront Fee”), for the Incremental Revolving Facility Commitment made by such Incremental Revolving Facility Lender pursuant to this Agreement in an amount to be determined at the time such Incremental Revolving Facility Commitment is accepted by the Borrowers and (ii) for the account of each Incremental Term Facility Lender, an upfront fee (each, an “Incremental Term Facility Upfront Fee”) for the Incremental Term Facility Commitment made by such Incremental Term Facility Lender pursuant to this Agreement in an amount to be determined at the time such Incremental Term Facility Commitment is accepted by the Borrowers. Any Incremental Revolving Facility Upfront Fee and/or Incremental Term Facility Upfront Fee shall be due and payable in full on the effective date of the particular increase to the Revolving Facility Commitment Amount and/or Term Facility Commitment Amount, as applicable.

Upfront Fee. The Borrowers shall pay to the Administrative Agent, for the account of each Lender party to this Agreement as of the Restatement Closing Date and as of the First Modification Closing Date, an upfront fee in the amountsamounts set forth in, and at the times, pursuant to the terms of the applicable Fee Letter, and as may be further agreed upon in writing by the Primary Operating Company and the Administrative Agent from time to time. Additionally, the Borrowers shall pay to the Administrative Agent (i) for the account of each Incremental Revolving Facility Lender or Incremental Term Facility Lender, an upfront fee (an “Incremental Revolving Facility Upfront Fee”Fee or Term Facility Upfront Fee (as applicable), for the Incremental Revolving Facility Commitment made by such Incremental Revolving Facility Lender pursuant to this Agreement in an amount to be determined at the time such Incremental Revolving Facility Commitment is accepted by the Borrowers and (ii) for the account of each Incremental Term Facility Lender, an upfront fee (each, an “Incremental Term Facility Upfront Fee”) for the or Incremental Term Facility Commitment made by such Incremental Term Facility Lender pursuant to this Agreement in an amount to be determined at the time such Incremental Revolving Facility Commitment or Incremental Term Facility Commitment (as applicable) is accepted by the Borrowers. Any The Incremental Revolving Facility Upfront Fee and/or Incremental or Term Facility Upfront Fee shall be due and payable in full on the effective date of the particular increase to the such Incremental Revolving Facility Commitment Amount and/or or Incremental Term Facility Commitment Amount, (as applicable).

Upfront Fee. The Borrowers shall pay to the Administrative Agent, for the account of each Lender party to this Agreement as of the Restatement Date, an upfront fee in the amounts, and at the times, pursuant to the Fee Letter, and as may be further agreed upon in writing by the Primary Operating Company and the Administrative Agent from time to time. Additionally, the Borrowers shall pay to the Administrative Agent (i) for the account of each Incremental Revolving Facility Lender, an upfront fee (an “"Incremental Revolving Facility Upfront Fee”"), for the Incremental Revolving Facility Commitment made by such Incremental Revolving Facility Lender pursuant to this Agreement in an amount to be determined at the time such Incremental Revolving Facility Commitment is accepted by the Borrowers and (ii) for the account of each Incremental Term Facility Lender, an upfront fee (each, an “"Incremental Term Facility Upfront Fee”") for the Incremental Term Facility Commitment made by such Incremental Term Facility Lender pursuant to this Agreement in an amount to be determined at the time such Incremental Term Facility Commitment is accepted by the Borrowers. Any Incremental Revolving Facility Upfront Fee and/or Incremental Term Facility Upfront Fee shall be due and payable in full on the effective date of the particular increase to the Revolving Facility Commitment Amount and/or Term Facility Commitment Amount, as applicable.

Upfront Fee. The On the Closing Date, Borrowers shall pay paid an upfront fee to each Original Lender in an amount equal to the Administrative Agent, for the account of each Lender party to this Agreement Upfront Fee Percentage multiplied by such Original Xxxxxx’s Commitment as of the Restatement Date, an upfront fee in Closing Date (the amounts, and at the times, pursuant to the Fee Letter, and as may be further agreed upon in writing by the Primary Operating Company and the Administrative Agent from time to time. Additionally, the Borrowers shall pay to the Administrative Agent (i) for the account of each Incremental Revolving Facility Lender, an upfront fee (an “Incremental Revolving Facility Upfront Fee”). On the First Increase Effective Date, for the Incremental Revolving Facility Commitment made by such Incremental Revolving Facility Borrowers paid an upfront fee to each Lender pursuant then party to this Agreement in an amount equal to be determined at the time such Incremental Revolving Facility Commitment is accepted Upfront Fee Percentage multiplied by the Borrowers and First Incremental Commitment of such Lender (ii) for the account of each “First Incremental Term Facility Lender, an upfront fee (each, an “Incremental Term Facility Upfront Fee”) for ). On the Incremental Term Facility Commitment made by such Incremental Term Facility Second Increase Effective Date, Borrowers paid an upfront fee to each Lender pursuant to this Agreement in an amount equal to be determined at the time such Incremental Term Facility Commitment is accepted Upfront Fee Percentage multiplied by the Borrowersrespective Second Incremental Commitment of such Lender (the “Second Incremental Facility Upfront Fee”). Any On the Seventh Amendment Effective Date, Borrowers shall pay upfront fee to each Lender in an amount equal to the Upfront Fee Percentage multiplied by the Commitment of such Lender (the “Seventh Amendment Upfront Fee”). The Upfront Fee, the First Incremental Revolving Facility Upfront Fee, the Second Incremental Facility Upfront Fee and/or Incremental Term Facility and the Seventh Amendment Upfront Fee shall be due fully earned when paid and shall be non-refundable for any reason whatsoever, and regardless of when or whether the Commitment is actually drawn upon. For the avoidance of doubt, no First Incremental Facility Upfront Fee, Second Incremental Facility Upfront Fee or Seventh Amendment Upfront Fee shall be payable in full by Borrowers or any Lender to any Lender that was not a Lender on the effective date of the particular increase to the Revolving Facility Commitment Amount and/or Term Facility Commitment Amount, as applicablesuch fees were paid.

Upfront Fee. The On the Closing Date, Borrowers shall pay paid an upfront fee to each Original Lender in an amount equal to the Administrative AgentUpfront Fee Percentage multiplied by such Original Lender’s Commitment as of the Closing Date (the “Upfront Fee”). On the First Increase Effective Date, for the account of Borrowers paid an upfront fee to each Lender then party to this Agreement as in an amount equal to the Upfront Fee Percentage multiplied by the First Incremental Commitment of such Lender (the Restatement “First Incremental Facility Upfront Fee”). On the Second Increase Effective Date, Borrowers shall pay an upfront fee to each Lender in the amounts, and at the times, pursuant an amount equal to the Upfront Fee Letter, and as may be further agreed upon in writing Percentage multiplied by the Primary Operating Company and respective Second Incremental Commitment of such Lender (the Administrative Agent from time to time. Additionally, the Borrowers shall pay to the Administrative Agent (i) for the account of each “Second Incremental Revolving Facility Lender, an upfront fee (an “Incremental Revolving Facility Upfront Fee”), for the Incremental Revolving Facility Commitment made by such Incremental Revolving Facility Lender pursuant to this Agreement in an amount to be determined at the time such Incremental Revolving Facility Commitment is accepted by the Borrowers and (ii) for the account of each Incremental Term Facility Lender, an upfront fee (each, an “Incremental Term Facility if any. The Upfront Fee”) for , the First Incremental Term Facility Commitment made by such Incremental Term Facility Lender pursuant to this Agreement in an amount to be determined at the time such Incremental Term Facility Commitment is accepted by the Borrowers. Any Incremental Revolving Facility Upfront Fee and/or and the Second Incremental Term Facility Upfront Fee shall be due fully earned when paid and shall be non-refundable for any reason whatsoever, and regardless of when or whether the Commitment is actually drawn upon. For the avoidance of doubt, no First Incremental Facility Upfront Fee or Second Incremental Facility Upfront shall be payable in full by Borrowers or any Lender to any Lender that was not a Lender on the effective date of the particular increase to the Revolving Facility Commitment Amount and/or Term Facility Commitment Amount, as applicablesuch fees were paid.

Upfront Fee. The Borrowers shall pay to the Administrative Agent, for the account of each Lender party to this Agreement as of the Restatement Date, an upfront fee in the amounts, and at the times, pursuant to the Fee Letter, and as may be further agreed upon in writing by the Primary Operating Company and the NAI-1513461614v2 Administrative Agent from time to time. Additionally, the Borrowers shall pay to the Administrative Agent (i) for the account of each Incremental Revolving Facility Lender, an upfront fee (an “Incremental Revolving Facility Upfront Fee”), for the Incremental Revolving Facility Commitment made by such Incremental Revolving Facility Lender pursuant to this Agreement in an amount to be determined at the time such Incremental Revolving Facility Commitment is accepted by the Borrowers and (ii) for the account of each Incremental Term Facility Lender, an upfront fee (each, an “Incremental Term Facility Upfront Fee”) for the Incremental Term Facility Commitment made by such Incremental Term Facility Lender pursuant to this Agreement in an amount to be determined at the time such Incremental Term Facility Commitment is accepted by the Borrowers. Any Incremental Revolving Facility Upfront Fee and/or Incremental Term Facility Upfront Fee shall be due and payable in full on the effective date of the particular increase to the Revolving Facility Commitment Amount and/or Term Facility Commitment Amount, as applicable.