Work Fee. Borrower shall pay Lender, in conjunction with the Fourth Amendment to Loan Agreement dated as of December 17, 2016, a work fee in the amount of $250,000. Please indicate your acceptance of this Pricing Letter by signing in the space indicated below and returning a copy of this letter to the undersigned. Very Truly Yours, U.S. BANK NATIONAL ASSOCIATION By:/s/ Xxxxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxxxx X. Xxxxxxx Title: Senior Vice President Xxxxx Xxxxxxx & Co. December 17, 2016 Accepted and agreed to by Borrower as of December 17, 2016: XXXXX XXXXXXX & CO. By:/s/ Xxxxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: Chief Financial Officer By:/s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx
Work Fee. The Borrower will pay to the Lender a work fee equal to $60,000, being 1% of the Loan amount, which will be payable at the earlier of January 23, 2015 and Closing. For greater certainty, the said fee is payable whether or not Closing occurs.
Work Fee. The Borrower will pay to Lender a work fee equal to $100,000 (the “Work Fee”), being 1% of the Third Tranche amount, which will be fully earned and payable at the earlier of August 1, 2017 and the Closing Date. For greater certainty, the said fee is payable whether or not the Third Tranche is advanced.
Work Fee. (a) The Company shall pay the Work Fee to the Original Consenting Noteholders on the Interim NSSN Issue Date in full and in cash, free and clear of all withholding taxes.
Work Fee. The Ad Hoc Group will be entitled to a fee of 1.0% of the aggregate principal amount of the Notes, which shall be paid in full in cash on the issue date of the Interim New Super Senior Notes (as defined below) (the “Work Fee”), in accordance with the terms of the lock-up agreement. The Work Fee will be paid free and clear of withholding taxes. Early Consent Payment: Each noteholder that validly consents to the Notes Amendments (a “Consenting Noteholder”), accedes to a lock-up agreement by the Early Participation Time and does not withdraw such consent, will be entitled to a pro rata share of an early consent payment of 0.50% of the aggregate principal amount of the Notes, based on such Consenting Noteholder’s outstanding principal amount of the Notes five Business Days prior to the Effective Time, which shall be paid in full in cash within five business days of the Effective Time (the “Early Consent Payment”), in accordance with the terms of the lock-up agreement. The Early Consent Payment will be paid free and clear of withholding taxes. Consent Payment: Each Consenting Noteholder that does not withdraw such consent and that accedes to the lock-up agreement after the Early Participation Time but before the Expiration Time, will be entitled to a pro rata share of a consent payment of 0.50% of the aggregate principal amount of the Notes based on such Consenting Noteholder’s outstanding principal amount of the Notes five Business Days prior to the Effective Time, to be paid in full in cash within five business days of the Effective Time (the “Consent Payment”), in accordance with the terms of the lock-up agreement. For the avoidance of doubt, any Consenting Noteholder entitled to payment of the Early Consent Payment may also be entitled to payment of the Consent Payment. The Consent Payment will be paid free and clear of withholding taxes.
Work Fee. The Borrower hereby agrees to pay Ex-Im Bank a work fee in the amount of $10,000 in respect of this Agreement within five (5) days after the date hereof.
Work Fee. The Bridge Loan Lenders shall have received the Bridge Loan Lender Work Fee concurrently with the closing of the Bridge Loan Lender Exchange.
Work Fee. The Stone Noteholders and any other holders of Stone Notes who exchange their Stone Notes for New Second Lien Notes shall have received the Stone Noteholder Work Fee concurrently with the closing of the Stone Noteholder Exchange.
Work Fee. Borrower shall pay Lender, in conjunction with the Eleventh Amendment to the Agreement, dated as of December 8, 2023 (the “Eleventh Amendment”), a work fee in the amount of $62,500. The payment of the fees set forth above is a condition precedent to the effectiveness of the Eleventh Amendment. You agree that, once paid, the fees or any part thereof payable hereunder and under the Agreement shall be fully earned on the date hereof and shall not be refundable under any circumstances. All fees payable hereunder and under the Agreement shall be paid in immediately available funds and shall be in addition to reimbursement of the Lender’s out-of-pocket expenses in accordance with the terms of the Agreement. Xxxxx Xxxxxxx & Co. December 8, 2023 The Borrower’s obligation to pay the foregoing fees will not be subject to counterclaim or setoff for or be otherwise affected by any claim or dispute the undersigned may have against the Lender. It is understood and agreed that this Pricing Letter shall not constitute or give rise to any obligation to provide any financing; such an obligation will arise only to the extent provided in the Agreement. This Pricing Letter may not be amended or waived except by an instrument in writing signed by the Lender and you. This Pricing Letter shall be governed by, and construed in accordance with, the laws of the State of Minnesota. This Pricing Letter may be executed in any number of counterparts, each of which shall be an original, and all of which, when taken together, shall constitute one agreement. Delivery of an executed signature page of this Pricing Letter by electronic or facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. Xxxxx Xxxxxxx & Co. December 8, 2023 Please indicate your acceptance of this Pricing Letter by signing in the space indicated below and returning a copy of this letter to the undersigned. Very Truly Yours, U.S. BANK NATIONAL ASSOCIATION By: /s/ Xxxxx Xxxxxxx Name. Xxxxx Xxxxxxx Title: SVP Xxxxx Xxxxxxx & Co. December 8, 2023 Accepted and agreed to by Xxxxxxxx as of December 8, 2023: XXXXX XXXXXXX & CO. By: /s/ Xxxx X. Xxxxxxxxxxx Name: Xxxx X. Xxxxxxxxxxx Title: Treasurer
