Additional Agreements and Acknowledgments. (1) By providing this ACH Authorization, you agree on behalf of the Payee that Trustee may obtain information from third parties, including credit reports and other consumer reports regarding the named Xxxxx, to verify Xxxxx’s identity and to verify other information that you are providing in this ACH Authorization.
Additional Agreements and Acknowledgments. (1) By providing this ACH Authorization, you agree on behalf of the Payee that Trustee may obtain information from third parties, including credit reports and other consumer reports regarding the named Payee, to verify Payee’s identity and to verify other information that you are providing in this ACH Authorization.
Additional Agreements and Acknowledgments. (a) The Borrower agrees to pay, or cause to be paid, to the Administrative Agent, for the account of each Revolving Credit Lender who consented to this Amendment by executing and delivering to the Administrative Agent a signature page hereto on or prior to the Amendment No. 20 Effective Date, an amendment fee equal to 100 basis points (1.00%) of the portion of the Revolving Credit Facility held by such consenting Revolving Credit Lender as of the Amendment No. 20 Effective Date which fees shall be earned on the Amendment No. 20 Effective Date and shall be payable in immediately available funds upon the Amendment No. 20 Effective Date (the fees under this Section 4(a)(i), the “Amendment Fees”).
Additional Agreements and Acknowledgments. (a) The Borrower, the Administrative Agent, and the Required Lenders reaffirm their agreement to negotiate in good faith modifications to (i) clause (e) of Section 7.03 (Investments) to limit the amount of Investments made by any Loan Party in any Foreign Subsidiary and (ii) clause (h) of Section 7.04 (Asset Sales), clause (b) of Section 7.05 (Restricted Payments), and clauses (a) and (b) of Section 7.06 (Fundamental Changes) to limit certain transactions with Foreign Security Providers. The Borrower reaffirms that the Borrower shall not, and shall cause its Subsidiaries not to, engage in any transactions with respect to its Foreign Subsidiaries outside of the ordinary course of business or outside of past practice prior to the effectiveness of such modifications (other than the Borrower or its Subsidiaries entry into and performance of its obligations under the Vølund Settlement Agreements (as defined below)).
Additional Agreements and Acknowledgments. (a) The Borrower agrees to pay, or cause to be paid, to the Administrative Agent, for the account of each Revolving Credit Lender who consented to this Amendment by executing and delivering to the Administrative Agent a signature page hereto prior to the Amendment No. 13 Effective Date, an amendment fee equal to 60 basis points (.60%) of the portion of the Revolving Credit Facility held by such Revolving Credit Lender as of the Amendment No. 13 Effective Date payable in immediately available funds upon the Amendment No. 13 Effective Date (the “Amendment Fees”).
Additional Agreements and Acknowledgments. (a) The Borrower agrees to pay, or cause to be paid, to the Administrative Agent, for the account of each Revolving Credit Lender who consented to this Amendment by executing and delivering to the Administrative Agent a signature page hereto prior to the Amendment No. 16 Effective Date, an amendment fee equal to (i) 75 basis points (0.75%) of the portion of the Revolving Credit Facility held by such consenting Revolving Credit Lender as of the Amendment No. 16 Effective Date which fees shall be earned on the Amendment No. 16 Effective Date and shall be payable in immediately available funds upon the Amendment No. 16 Effective Date (the fees under this Section 3(a)(i), the “Amendment Fees”) and (ii) 400 basis points (4.00%) of the portion of the Revolving Credit Facility held by such consenting Revolving Credit Lender as of the Amendment No. 16 Effective Date which fees shall be earned on the Amendment No. 16 Effective Date and shall be payable on the earlier of (x) the Revolving Credit Facility Termination Date and (y) the last day of the Availability Period with respect to the Revolving Credit Facility (the fees under this Section 3(a)(ii), the “Other Amendment Fees”); provided that the Other Amendment Fees shall be waived upon the consummation of the Corporate Action on or before December 15, 2019. The Amendment Fees and the Other Amendment Fees shall be in addition to any fees payable pursuant to Section 2(a) of the Limited Waiver to Credit Agreement, dated as of March 15, 2019, or Section 4(a) of Amendment No. 15 (collectively, the “Deferred Fees”).
Additional Agreements and Acknowledgments. (a) The Borrower agrees to pay, or cause to be paid, to the Administrative Agent in immediately available funds upon the Amendment No. 3 Effective Date, (x) for the account of each Revolving Credit Lender, (i) the amendment and restated fee described in Section 2.09(c)(ii) of the Credit Agreement in the amount of $1,634,610.46, (ii) the “Deferred Facility Fee” (as defined in the Existing Credit Agreement) as described in Section 2.09(d)(i) of the Credit Agreement in the amount of $6,675,103.06, (iii) the “Deferred Ticking Fees” (as defined in the Existing Credit Agreement) described in Section 2.09(d)(iv)(x) of the Credit Agreement in the amount of $6,723,651.61, and (iv) the “Other Amendment Fees” as described in Section 2.09(d)(iv)(y) of the Credit Agreement in the amount of $1,379,348.26, (y) for the account of each Revolving Credit Lender who consented to that certain Amendment No. 6, dated as of April 10, 2018, by and among the Borrower, the Administrative Agent and the Lenders party thereto, and acknowledged and agreed by the Guarantors, the “Amendment No. 6” fees described in Section 2.09(d)(ii) of the Credit Agreement in the amount of $540,000.00 (the payments under clauses (x) and (y) of this Section 2(a), the “Prepaid Deferred Fees”) and (z) for the account of each Revolving Credit Lender, such Revolving Credit Lender’s ratable share of all outstanding deferred (i) interest on Revolving Credit Loans, (ii) Letter of Credit Fees and (iii) commitment fees set forth in Section 2.09 of the Credit Agreement, in each case, accrued from the Restatement Effective Date through and including August 31, 2020 (the payments under clause (z) of this Section 2(a)), the “Prepaid Deferred Interest”).
Additional Agreements and Acknowledgments. (a) The Borrower agrees to pay, or cause to be paid, to the Administrative Agent, for the account of each Revolving Credit Lender, for application to the “Deferred Facility Fee” (as defined in the Existing Credit Agreement) described in Section 2.09(d)(i) of the Credit Agreement (i) $1,000,000 in immediately available funds upon the Amendment No. 2 Effective Date (the payment under this Section 2(a)(i), the “Prepaid Deferred Facility Fee”) and (ii) $4,000,000 in immediately available funds with the first $4,000,000 of proceeds of Notes Indebtedness received by the Borrower immediately upon receipt thereof.
Additional Agreements and Acknowledgments. (a) The Borrower agrees to pay, or cause to be paid, to the Administrative Agent, for the account of each Revolving Credit Lender who consented to this Amendment by executing and delivering to the Administrative Agent a signature page hereto on or prior to the Amendment No. 4 Effective Date, a work fee of $50,000, which fee shall be earned on the Amendment No. 4 Effective Date and shall be payable in immediately available funds upon the Amendment No. 4 Effective Date; provided that, if the aggregate amount of such fees payable under this Section 2(a) exceeds $700,000, the aggregate amount of such fees shall be reduced by the excess thereof and such reduced fees shall be allocated equally among each such consenting Revolving Credit Lender (the fees under this Section 2(a), the “Work Fees”).
Additional Agreements and Acknowledgments. (a) The Loan Parties acknowledge and agree that, during the Waiver Period, the Administrative Agent and the Lenders have no obligation to make additional loans or otherwise extend additional credit, including without limitation, any obligation to make or fund any additional Revolving Credit Loans (or otherwise honor any Request for Credit Extension or any unfunded or undrawn Commitments), make or fund any Swing Line Loan or issue any additional Letters of Credit (and each L/C Issuer shall under no circumstances be obligated to amend, renew, extend or otherwise modify any outstanding Letter of Credit in any way), to or for the benefit of the Borrower or the other Loan Parties under the Loan Documents or otherwise. Notwithstanding the foregoing, the Administrative Agent and the Lenders agree to make Revolving Credit Loans and purchase participations in L/C Obligations during the Waiver Period, provided that (x) the aggregate amount of L/C Credit Extensions (excluding L/C Credit Extensions that solely extend the expiry date of the applicable Letter of Credit) made during the Waiver Period shall not exceed $20,000,000 (plus any decrease in L/C Obligations since the Amendment No. 6 Effective Date) and (y) the aggregate principal of Revolving Credit Loans outstanding shall not exceed $220,000,000, and each such extension of credit shall be made, in each case, subject to the terms and conditions of Section 2.01 and Section 4.03 of the Credit Agreement (provided that (i) Section 4.03(b), 5.11(b) and 5.11(c) shall each be deemed to contain an exception with respect to the Non-Compliance Events, (ii) Section 4.03(e) shall be deemed satisfied, in each case for purposes of making Credit Extensions during the Waiver Period and (iii) the Request for Credit Extension submitted pursuant to Section 4.03(c) shall, during the Waiver Period, include a representation and warranty by the Borrower that (x) the aggregate amount of L/C Credit Extensions (excluding L/C Credit Extensions that solely extend the expiry date of the applicable Letter of Credit) made during the Waiver Period (after giving effect to the L/C Credit Extensions being requested in such Request for Credit Extension) does not, and shall not, exceed $20,000,000 (plus any decrease in L/C Obligations since the Amendment No. 6 Effective Date) and (y) the aggregate principal amount of Revolving Credit Loans outstanding does not, and shall not, exceed $220,000,000, in each case, after giving effect to the Credit Exte...
