Fifth Amendment Fee. A fully earned and non-refundable fifth amendment fee in the amount of Thirty Five Thousand Dollars ($35,000.00), which shall become due and payable upon the earlier of: (i) the Maturity Date, (ii) the acceleration of any Term Loan, or (iii) the prepayment of a Term Loan pursuant to Section 2.2(c) or (d).
Fifth Amendment Fee. In connection with the consummation of the Fifth Amendment, the Borrowers shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, an amendment fee in the amount of $825,000, which amendment fee shall be fully earned and due and payable in immediately available funds on the Fifth Amendment Effective Date.
Fifth Amendment Fee. Simultaneously with the execution of the Fifth Amendment, in consideration of Agent’s and the Lenders’ agreements in the Fifth Amendment, Borrower shall pay to Agent, for the ratable benefit of the Lenders, a non-refundable amendment fee in the amount equal to the product of (i) 5.00%, multiplied by (ii) the aggregate outstanding principal balance of the Loans on the Fifth Amendment Effective Date (the “Fifth Amendment Fee”), which Fifth Amendment Fee (x) shall be deemed to have been fully earned as of the Fifth Amendment Effective Date, (y) shall be included in the amount of the Obligations as of the Fifth Amendment Effective Date and (z) shall be payable to Agent in cash on the earlier of (A) the consummation of a SPAC Transaction, (B) the Payment in Full of the Obligations or (C) the occurrence of an Event of Default.
Fifth Amendment Fee. The Borrower shall pay to the Administrative Agent for the ratable account of the Lenders in accordance with their respective Percentages a Fifth Amendment fee of $150,000 which shall be fully earned on the Fifth Amendment Effective Date and shall be due and payable on the Revolving Credit Termination Date; provided, however, if the Obligations are paid in full on or before June 30, 2009, such fee shall be forgiven.
Fifth Amendment Fee. A fully earned, non-refundable amendment fee of Seven Hundred Twelve Thousand Five Hundred Dollars ($712,500.00) (the “Fifth Amendment Fee”) to be shared between the Lenders pursuant to their respective Commitment Percentages due and payable on the Fifth Amendment Effective Date;”
Fifth Amendment Fee. The Borrower shall pay to the Administrative Agent for the pro rata account of each Lender a fee in an aggregate amount equal to $1,000,000 (the "FIFTH AMENDMENT FEE") on or before the Termination Date.
Fifth Amendment Fee. In addition to the other fees described in the Credit Agreement for which the Borrower is obligated to pay to Wxxxx Fargo, in consideration of Wxxxx Fargo’s entering into this Fifth Amendment, the Borrower shall pay to Wxxxx Fargo a fee (the “Fifth Amendment Fee”) in the amount of Five Thousand Dollars ($5,000.00) simultaneous with the execution and delivery of this Fifth Amendment to Wxxxx Fargo, which Fifth Amendment Fee shall be fully and irrevocably earned by Wxxxx Fargo as of such date, and is non-refundable to the Borrower.
Fifth Amendment Fee. Payment in full by the Borrower of the Fifth Amendment Fee.
Fifth Amendment Fee. In consideration of the Lenders’ agreement to amend certain provisions of the Credit Agreement, the Borrowers agree to pay to the Administrative Agent, for the ratable benefit of each Lender, a fee in the amount equal to 10.0 basis points times the aggregate Total Revolver Commitments (after giving effect to the reduction of the Total Revolver Commitments to $110,000,000 contemplated by Section 2(b) of this Amendment) (the “Fifth Amendment Fee”), which Fifth Amendment Fee shall be fully earned and due and payable in full in cash on the date of this Amendment. Once paid, the Fifth Amendment Fee shall not be refundable for any reason whatsoever.
Fifth Amendment Fee. The Borrowers shall pay to the Administrative Agent a non-refundable amendment fee (the "Fifth Amendment Fee"), for the account of each Lender that shall have delivered to the Administrative Agent a counterpart of the Fifth Amendment signed on behalf of such Lender (or that shall have provided to the Administrative Agent written evidence satisfactory to the Administrative Agent (which may include a telecopy or electronic transmission of a signed signature page of the Fifth Amendment) that such Lender has signed and delivered to the Administrative Agent a counterpart of the Fifth Amendment) prior to 4:00 p.m., New York time, on November 13, 2015 (each such Lender, a "Fifth Amendment Consenting Lender"), in an amount equal to 0.25% of the aggregate principal amount of the outstanding Loans of such Fifth Amendment Consenting Lender as of the Fifth Amendment Effective Date. The Fifth Amendment Fee owing to each Fifth Amendment Consenting Lender (i) shall constitute "Obligations" that are secured by the Collateral, (ii) shall be fully earned as of the Fifth Amendment Effective Date in consideration for such Fifth Amendment Consenting Lender's execution and delivery of the Fifth Amendment, and (iii) shall be payable on the earliest to occur of (A) the Final Maturity Date, (B) the date which all of the Obligations (other than Contingent Indemnification Obligations) are repaid or required to be repaid in full in cash and (C) the date Peekay Boutiques, Inc. shall have consummated the Qualified IPO. Notwithstanding anything in Section 2.06(f) to the contrary, at such time as the Fifth Amendment Fee is earned in accordance with Section 2.06(g), the amount of such Fifth Amendment Fee shall be credited against any Exit Fee that would otherwise accrue after November 15, 2015."
