Alternative Fee Sample Clauses

Alternative Fee. If this Agreement is terminated by Company or Parent pursuant to Section 8.1(e), then Company shall pay to Parent in cash $900,000 if within 12 months of the date of this Agreement Company consummates an Alternative Transaction that (i) at the time of such termination, had not been announced nor proposed to Company or Company's stockholders, (ii) was announced or proposed prior to withdrawal of each proposal for an Alternative Transaction that had been announced or proposed prior to termination of this Agreement, and (iii) involves consideration payable to Company stockholders with an aggregate fair market value in excess of $40 million.
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Alternative Fee. 44 beneficial ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
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Alternative Fee. If Borrower substantially consummates any plan of reorganization (other than the Plan of Reorganization that contemplates the Term Loans) or other restructuring, whether or not the Chapter 11 Cases are commenced, in each case that is consented to by the required holders of the existing Senior Subordinated Notes and pursuant to which all or substantially all of the claims of the holders of such Senior Subordinated Notes are extinguished and converted into a majority of the Equity Interests, or rights to invest in securities representing a majority of the Equity Interests, of the reorganized Borrower (a “Sub Debt Restructuring”) and all or substantially all of the Indebtedness under the Existing Term Credit Agreement (other than any portion thereof held by the Backstop Parties converted into common Equity Interests) is extinguished or otherwise satisfied in full through any or all of (i) cash payments from cash on hand and/or (ii) the proceeds of new contributions of Equity Interests to, and/or incurrences of Indebtedness by, the Borrower and/or (iii) the conversion of a portion of such Indebtedness to Equity Interests or other Indebtedness (for the avoidance of doubt, excluding any plan of reorganization or other restructuring which provides for (A) the satisfaction of all of the claims in respect of the Existing Term Credit Agreement without a concurrent Sub Debt Restructuring or (B) the sale of all or a material portion of the assets of the Borrower and its subsidiaries pursuant to Section 363 of the Bankruptcy Code or otherwise), without utilizing the Term Loans in connection therewith, the Borrower shall pay on the date such Sub Debt Restructuring is consummated without utilizing the Term Loans, to each Lender, a fee (the “Alternative Fee”) equal to 3.00% of the stated principal amount of such Lender’s Term Loan Commitment as of the Closing Date.
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Related to Alternative Fee

  • Administrative Fee The Borrower agrees to pay to the Administrative Agent the annual administrative fee as described in the Fee Letter.

  • Incentive Fee In the event that the actual costs for the development and construction of the Project are less than the Projected Project Costs (such difference being referred to as the "Savings"), fifty percent (50%) of the Savings shall be paid to the Developer as an incentive fee.

  • Financing Fee Except in the case of any PIK Loan, each Lender shall have received its portion of the fees payable pursuant to Section 2.03. Each Borrowing shall constitute a certification by the Borrower to the effect that the conditions set forth in this Section 6.03 have been fulfilled as of the applicable Borrowing Date.

  • Exit Fee Upon the earlier to occur of (i) the Term Loan Maturity Date, or (ii) full repayment of the Loan and all other Obligations whether as a result of the acceleration of the Loan, or otherwise, Borrower shall pay an exit fee to Agent, for the benefit of Lenders, in an amount equal to one percent (1.0%) multiplied by the aggregate principal amount of all Term Loans advanced hereunder.

  • Cash Advance Fee If you request a Cash Advance, in addition to the Interest Charge which will accrue on the Cash Advance, you agree to pay a fee of three percent (3%) of the amount of the Cash Advance subject to a minimum fee of $10.00.