Amendment Fee. Borrowers shall have paid to Agent an amendment fee, for the ratable benefit of the Lenders, in the amount of $50,000, which fee shall be fully earned as of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account).
Appears in 2 contracts
Sources: Credit Agreement (Dixie Group Inc), Credit Agreement (Dixie Group Inc)
Amendment Fee. Borrowers shall have paid pay to Agent for the account of Lenders an amendment fee, for the ratable benefit of the Lenders, fee in the an amount of equal to $50,000, which fee amount shall be payable simultaneously with the execution hereof, which fee is fully earned as of the date hereof hereof, shall be in addition to all other amounts payable under the Financing Agreements, shall constitute part of the Obligations and non-refundable under may, at Agent's option, be charged directly to any and all circumstances (it being understood that the account(s) of Borrowers maintained with Agent is hereby authorized to charge such fee to the Loan Account)or Lenders.
Appears in 2 contracts
Sources: Loan and Security Agreement (Pamida Inc /De/), Loan and Security Agreement (Pamida Holdings Corp/De/)
Amendment Fee. Borrowers shall have paid In addition to all other fees, charges, interest and expenses payable by Borrower to Agent an amendment feeand Lenders under the Loan Agreement and the other Financing Agreements, Borrower shall pay to Agent, for the ratable benefit account of Lenders (to the Lendersextent and in accordance with the arrangements between Agent and each Lender), an amendment fee in the amount of $50,00020,000, which fee shall be fully earned as of and due and payable on the effective date hereof and non-refundable under any and all circumstances (it being understood that the may be charged by Agent is hereby authorized to charge such fee directly to the Loan Account)loan account of Borrower.
Appears in 2 contracts
Sources: Loan and Security Agreement (Hhgregg, Inc.), Loan and Security Agreement (Gregg Appliances Inc)
Amendment Fee. Borrowers shall have paid Borrower hereby agrees to Agent an amendment feepay to Agent, for the ratable benefit of the Lenders, in the amount an amendment fee of $50,0001,000,000, which fee shall immediately and automatically upon the effectiveness of this Agreement, be fully fully-earned as and paid in kind by adding such amount to the aggregate outstanding principal amount of the date hereof Term Loan, and non-refundable under any such amount shall thenceforth be considered principal (and such capitalized amount shall thenceforth accrue interest thereon) for all circumstances (it being understood that the Agent is hereby authorized to charge such fee to purposes of the Loan Account)and Security Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Loan and Security Agreement (Doma Holdings, Inc.), Loan and Security Agreement (Doma Holdings, Inc.)
Amendment Fee. Borrowers shall have paid Borrower will pay to Agent an amendment feeAgent, for the ratable benefit account of the LendersLenders (in accordance with Section 2.6 of the Loan Agreement), in an amendment fee (the amount of “Amendment Fee”) equal to Two Hundred Fifty Thousand Dollars ($50,000, which fee 250,000). The Amendment Fee shall be fully earned as of earned, due and payable on the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)hereof.
Appears in 2 contracts
Sources: Loan and Security Agreement (Phathom Pharmaceuticals, Inc.), Loan and Security Agreement (Phathom Pharmaceuticals, Inc.)
Amendment Fee. In consideration for the agreements and accommodations of Agent and ▇▇▇▇▇▇▇ set forth herein, Borrowers shall have paid hereby agree to Agent an amendment feepay to Agent, for the ratable benefit of the Lenders, in the amount of $50,000, which an amendment fee shall be fully earned as of on the date hereof in an amount equal to $250,000 (the "Amendment Fee"). The Amendment Fee shall be fully-earned and non-non- refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)when paid.
Appears in 2 contracts
Sources: Revolving Credit, Term Loan and Security Agreement (B. Riley Financial, Inc.), Revolving Credit, Term Loan and Security Agreement (B. Riley Financial, Inc.)
Amendment Fee. In addition to all the other fees, charges, interest and expenses payable to Borrowers to Agent and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers shall have paid pay to Agent for the account of Lenders, contemporaneously with the effectiveness of this Agreement, an amendment fee, for the ratable benefit of the Lenders, fee in the amount of $50,000, which fee shall be fully earned as of and payable on the effective date hereof and non-refundable under may be charged to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)loan account of Borrowers.
Appears in 2 contracts
Sources: Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Haynes International Inc)
Amendment Fee. Upon execution of this Amendment, Borrowers shall have paid pay to Agent an amendment fee, for the ratable benefit of the Lenders, fee in the amount of Forty Thousand Dollars ($50,00040,000.00) (the “Amendment Fee”), which fee shall may be charged as a Committed Loan or charged to any bank account of any Borrower maintained with Agent. The foregoing Amendment Fee is in addition to the interest and other amounts which Borrowers are required to pay under the Loan Documents, and is fully earned as of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)nonrefundable.
Appears in 1 contract
Amendment Fee. In consideration of the amendments set forth herein, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $50,00025,000 (the “Amendment Fee”), which fee shall be is fully earned as and payable on the date of this Amendment No. 9 and shall constitute part of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Sources: Credit Agreement (Hamilton Beach Brands Holding Co)
Amendment Fee. Borrowers Immediately upon the execution and delivery of this Amendment, Borrower shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of each Lender in accordance with their respective Applicable Percentages, an amendment fee equal to 0.125% of the Aggregate Commitment. Such amendment fee is for Agent’s and Lenders, in the amount of $50,000, which fee shall be ’ entry into this Amendment and is fully earned as of on the date hereof paid. The amendment fee paid to each Lender is solely for its own account and non-refundable under is nonrefundable for any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)reason whatsoever.
Appears in 1 contract
Amendment Fee. Borrowers shall have paid In addition to all other fees, charges, interest and ------------- expenses payable by Borrower to Agent an amendment feeunder the Financing Agreements, Borrower shall pay to Agent, for the ratable benefit of the Lenders, based on their Pro Rata --- ---- Shares, a fee for entering into this Amendment in the amount of $50,000, which fee shall be amount is fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized may, at Agent's option, be charged directly to charge such fee to the Borrower's Revolving Loan Account)account maintained by Agent.
Appears in 1 contract
Amendment Fee. Borrowers In consideration of this Amendment, Borrower shall have paid pay to Agent (for the account of Lenders) an amendment fee, for the ratable benefit of the Lenders, fee in the amount of $50,00050,000 (the "Amendment Fee"), which fee shall be fully earned as of and due and payable on the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee which may be charged directly to the Loan Account)loan account of Borrower.
Appears in 1 contract
Sources: Loan and Security Agreement (Westpoint Stevens Inc)
Amendment Fee. The Borrowers shall have paid pay to Agent an amendment fee, for the ratable benefit of the Lenders, fee in the amount of $50,00075,000 ("Amendment Fee"), which fee shall be fully earned as of and payable on the date hereof Effective Date and non-refundable under any when paid (irrespective of whether the Credit Agreement is terminated thereafter) and all circumstances (it being understood that shall be apportioned among the Lenders in accordance with the terms of letter agreements between Agent is hereby authorized to charge such fee to the Loan Account)and individual Lenders.
Appears in 1 contract
Amendment Fee. Borrowers Borrower shall have paid pay to Agent an amendment fee, for the ratable benefit of Lenders an amendment fee in an amount equal to $40,000 (the Lenders, in the amount of $50,000, which fee shall be fully earned as of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee "Amendment Fee") immediately prior to the Loan Account)effective date of this Agreement. Agent shall charge the Amendment Fee to Borrower's loan account. The Amendment Fee shall not be subject to reduction, proration, rebate of any kind.
Appears in 1 contract
Sources: Revolving Credit Loan and Security Agreement (Fonda Group Inc)
Amendment Fee. Borrowers The Borrower shall have paid to the Agent an amendment feefee equal to 0.15% applied to the aggregate outstanding Loans and unused Commitments of each Lender that delivers to the Agent, by hand delivery or telefax no later than 5:00 p.m. on April 7, 1999, a counterpart of this Amendment executed by such Lender. Such fee (a) shall be received by the Agent ratably for account of, and shall be remitted by the ratable benefit of the LendersAgent solely to, in the amount of $50,000, which fee such Lenders and (b) shall be fully earned as of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)nonrefundable when paid.
Appears in 1 contract
Amendment Fee. In consideration of this Amendment, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of Lenders (to the Lenders, extent and in accordance with the arrangements between Agent and each Lender) an amendment fee in the amount of $50,000250,000, which fee shall be fully earned as of and due and payable on the date hereof and non-refundable under any and all circumstances (it being understood that the which may be charged by Agent is hereby authorized to charge such fee directly to the Loan Account)loan account of any Borrower.
Appears in 1 contract
Amendment Fee. In consideration of the amendments set forth herein Borrowers shall have paid on the date hereof, pay to Agent an amendment feeAgent, for its benefit and the ratable benefit of the Lenders, or Agent, at its option, may charge the account of Borrowers maintained by Agent, a fee in the amount of the $50,00035,000, which fee shall be is fully earned as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers to Agent and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers shall have paid pay to Agent for the account of Lenders, contemporaneously with the effectiveness of this Amendment, an amendment fee, for the ratable benefit of the Lenders, fee in the amount of $50,000, which fee shall be fully earned as of and payable on the effective date hereof and non-refundable under may be charged to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)loan account of Borrowers.
Appears in 1 contract
Sources: Loan and Security Agreement (Loud Technologies Inc)
Amendment Fee. In consideration of the amendments set forth herein, Borrowers shall have paid on the date hereof, pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $50,000480,000, which fee shall be is fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers shall have paid to Agent an amendment feeand Lenders under the Loan Agreement and the other Financing Agreements, in consideration of this Amendment No. 9, Borrower shall pay to Agent, for the ratable benefit account of the Lenders, an amendment fee in the amount of $50,000, which fee shall be fully earned as of the date hereof and non-refundable under any and all circumstances (it being understood that the hereof. Agent is hereby authorized to may, at its option, charge such amendment fee to the Loan Account)loan account of Borrower maintained by Agent.
Appears in 1 contract
Amendment Fee. In consideration of the waivers and amendments set forth herein, Borrowers shall have paid on the date hereof, pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $50,000225,000, which fee shall be is fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers to Agent and Lenders under the Loan Agreement and the Other Documents, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of the LendersLenders party hereto, an amendment and consent fee in the amount of $50,00010,000, which fee shall be fully earned as of and payable on the date hereof and non-refundable under hereof. The foregoing fee may be charged to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)loan account of Borrowers maintained by Agent.
Appears in 1 contract
Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers and Guarantors to Agent and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit of the Lenders, an amendment fee in the amount of $50,00010,000, which fee shall be fully earned as of and payable on the date hereof and non-refundable under may be charged to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)loan account of Borrowers maintained by Agent.
Appears in 1 contract
Sources: Loan and Security Agreement (Atlantic Express Transportation Corp)
Amendment Fee. The Borrowers shall have paid jointly and severally agree to Agent an amendment feepay to Agent, for the ratable benefit of the Lenders, in the amount an amendment fee of $50,00014,200, which fee payable on the earlier of February 11, 2005, or such earlier date as the Obligations shall be fully earned as of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)paid in their entirety.
Appears in 1 contract
Sources: Exim Guaranteed Loan Agreement (Horizon Offshore Inc)
Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers to Agent and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of the LendersLenders party hereto (to the extent and in accordance with the arrangements by and among the Lenders party hereto), an amendment fee in the amount of $50,00040,000, which fee shall be fully earned as of and payable on the date hereof and non-refundable under hereof. The foregoing fee may be charged to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)loan account of Borrowers maintained by Agent.
Appears in 1 contract
Sources: Loan and Security Agreement (Lighting Science Group Corp)
Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers to Agent and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of the LendersLenders party hereto (to the extent and in accordance with the arrangements by and among the Lenders party hereto), an amendment fee in the amount of $50,0005,000, which fee shall be fully earned as of and payable on the date hereof and non-refundable under hereof. The foregoing fee may be charged to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)loan account of Borrowers maintained by Agent.
Appears in 1 contract
Sources: Loan and Security Agreement (Lighting Science Group Corp)
Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers to Agent and Lenders under the Credit Agreement and the other Loan Documents, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit of the Lenders, in the amount an amendment fee of $50,00035,000, which fee shall be amount is fully earned as and payable on the Amendment No. 4 Effective Date and may be charged directly to any loan account(s) of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)Borrowers maintained by Agent.
Appears in 1 contract
Sources: Credit Agreement (Colt Defense LLC)
Amendment Fee. As consideration for Agent and Lenders to enter into this Amendment, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of each Lender in accordance with their respective Applicable Percentages of the LendersLoans, an amendment fee in the an amount of $50,000, which fee shall be 150,000 (the “Amendment Fee”). The Amendment Fee is due and payable in full upon execution of this Amendment. Borrowers agree that the Amendment Fee has been fully earned as of the date hereof by Agent and Lenders and is non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)refundable.
Appears in 1 contract
Sources: Credit Agreement (Tasty Baking Co)
Amendment Fee. Borrowers shall have paid to Agent pay an amendment feefee (the "Amendment Fee") to Agent, for the ratable benefit of the Lenders, in the an aggregate amount of equal to $50,000100,000, which fee Amendment Fee shall be fully earned as fully-earned, nonrefundable and due and payable in full on the effective date of the date hereof and non-refundable under this Amendment. The Amendment Fee is in addition to any and all circumstances (it being understood that the other fees paid or payable to Agent is hereby authorized to charge such fee to or Lenders in connection with the Loan Account)Agreement and the Other Documents.
Appears in 1 contract
Sources: Loan and Security Agreement (Velocity Express Corp)
Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers to Agent and Lenders under the Loan Agreement and the other Loan Documents, Borrowers shall have paid pay to Agent an amendment fee, a fee for entering into this Amendment No. 1 and the ratable benefit of the Lenders, transactions referred to herein in the amount of $50,000265,000, which fee shall be amount is fully earned and due and payable as of the date hereof hereof, and non-refundable under may, at the option of Agent, be charged directly to any and all circumstances (it being understood that the of Borrowers' loan accounts maintained by Agent is hereby authorized or required to charge such fee be paid in immediately available funds to the Loan Account)Agent.
Appears in 1 contract
Amendment Fee. Borrowers shall have paid In addition to all other fees, charges, interest and expenses payable by Borrower to Agent an amendment feeunder the Loan Agreement and the other Financing Agreements, Borrower shall pay to Agent, for the ratable benefit account of the Lenders, an amendment fee in the amount of $50,000, 250,000 which fee shall be fully earned earned, due and payable as of the date hereof and non-refundable under which may be charged directly to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)loan account of Borrower maintained by Agent.
Appears in 1 contract
Amendment Fee. Borrowers The Borrower shall have paid pay to Agent an amendment fee, for the ratable benefit of the Lenders, fee in the an amount of equal to $50,0005,000, which fee amount shall be fully earned as and payable simultaneously with the execution of this Amendment and shall not be subject to refund, rebate or proration for any reason whatsoever. Such fee shall be in addition to all other amounts payable under the Loan Documents, shall constitute part of the date hereof Obligations and non-refundable under may, at Agent’s option, be charged directly to any and all circumstances (it being understood that account of the Agent is hereby authorized to charge such fee to the Loan Account)Borrower maintained with Agent.
Appears in 1 contract
Amendment Fee. Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of Lenders (in accordance with the arrangements between Agent and Lenders), an amendment and renewal fee on the Amendment No. 11 Effective Date in the amount of $50,00087,500, which fee shall be fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)hereof.
Appears in 1 contract
Sources: Loan and Security Agreement (Perry Ellis International Inc)
Amendment Fee. Upon execution of this Amendment, Borrowers shall have paid pay to Agent an amendment fee, for the ratable benefit of the Lenders, fee in the amount of Forty Thousand Dollars ($50,00040,000.00) (the "Amendment Fee"), which fee shall may be charged as a Committed Loan or charged to any bank account of any Borrower maintained with Agent. The foregoing Amendment Fee is in addition to the interest and other amounts which Borrowers are required to pay under the Loan Documents, and is fully earned as of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)nonrefundable.
Appears in 1 contract
Amendment Fee. In consideration of the amendments set forth herein, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $50,000145,000, which fee shall be is fully earned as and payable on the date of this Amendment No. 4 and shall constitute part of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Amendment Fee. In consideration of the amendments set forth herein Borrowers shall have paid on the date hereof, pay to Agent an amendment feeAgent, for its benefit and the ratable benefit of the Lenders, or Agent, at its option, may charge the account of Borrowers maintained by Agent, a fee in the amount of the $50,00075,000, which fee shall be is fully earned as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Amendment Fee. Borrowers shall have paid In addition to all other fees, charges, interest and expenses payable by Borrower to Agent and Lenders under the Loan Agreement and the other Financing Agreements, Borrower shall pay to Agent for the account of Lenders, contemporaneously with the effectiveness of this Amendment, an amendment fee, for the ratable benefit of the Lenders, fee in the amount of $50,000150,000, which fee shall be fully earned as of and payable on the effective date hereof and non-refundable under may be charged to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)loan account of Borrower.
Appears in 1 contract
Sources: Loan and Security Agreement (Anchor Glass Container Corp /New)
Amendment Fee. In addition to all other fees payable by Borrowers to Agent and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, an amendment fee in the amount of $50,000100,000, which fee shall be fully earned as of and due and payable on the effective date hereof and non-refundable under may be charged by Agent directly to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)loan account of Borrowers.
Appears in 1 contract
Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers to Agent, Borrowers shall have paid pay to Agent an amendment fee, for the ratable benefit of the Lenders, Lenders a fee for entering into this Amendment in the an amount of equal to $50,000xxx,xxx, which fee shall be is fully earned as of the date hereof and non-refundable under any due and all circumstances (it being understood that payable on the date hereof, and which Agent is hereby authorized to may, its option, charge such fee directly to the Loan Account)loan account(s) of Borrowers.
Appears in 1 contract
Amendment Fee. Borrowers shall have paid on the date hereof pay to Agent an amendment feeAgent, for the ratable benefit of the Lenders, an amendment fee in the amount of $50,00012,000, or Agent, at its option, may charge the account(s) of Borrowers maintained by Agent the amount of such fee, which fee shall be fully is earned as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Sources: Loan and Security Agreement (U.S. Silica Holdings, Inc.)
Amendment Fee. In consideration of the amendments set forth herein, Borrowers shall have paid pay to Agent an amendment fee, for the ratable benefit of the Lenders, and Agent may, at its option, charge any loan account of Borrowers maintained by Agent, a fee in the amount of $50,00093,750, which fee shall be part of the Obligations and shall be fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)hereof.
Appears in 1 contract
Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers to Agent and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of Lenders (to the Lendersextent and in accordance with the arrangements between Agent and each Lender), an amendment fee in the amount of $50,000200,000, which fee shall be fully earned as and due and payable on the Amendment No. 12 Effective Date and may be charged by Agent directly to any loan account of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)Borrowers.
Appears in 1 contract
Amendment Fee. Borrowers shall have paid In addition to all other fees, charges, interest and expenses payable by Borrower to Agent and Lenders under the Loan Agreement and the other Financing Agreements, Borrower shall pay to Agent for the account of Lenders, contemporaneously with the effectiveness of this Amendment No. 12, an amendment fee, for the ratable benefit of the Lenders, fee in the amount of $50,00025,000, which fee shall be fully earned and nonrefundable as of the date hereof and non-refundable under may be charged to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)loan account of Borrower.
Appears in 1 contract
Amendment Fee. In consideration of the amendments set forth herein, Borrowers shall have paid pay to Agent an amendment fee, for the ratable benefit of Lenders) or Agent, at its option, may charge the Lendersaccount of Borrower maintained by Agent, an amendment fee in the amount of $50,000446,875.00, which fee shall be is fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Sources: Loan and Security Agreement (Pep Boys Manny Moe & Jack)
Amendment Fee. Borrowers shall have paid In addition to all other fees, charges, interest and expenses payable by Borrower to Agent an amendment feeunder the Loan Agreement and the other Financing Agreements, Borrower shall pay to Agent, for the ratable benefit account of the Lenders, an amendment fee in the amount of $50,000, 50,000 which fee shall be fully earned earned, due and payable as of the date hereof and non-refundable under which may be charged directly to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)loan account of Borrower maintained by Agent.
Appears in 1 contract
Amendment Fee. In consideration of the amendments set forth herein, Borrowers shall have paid on the date hereof, pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $50,000, which fee shall be is fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Amendment Fee. In consideration of the waiver of the Subject Defaults and the amendments to the Credit Agreement as set forth herein, Borrowers shall have paid pay to Agent, for the benefit of Lenders, or Agent, at its option, may charge the account(s) of Borrowers maintained by Agent an amendment fee, for the ratable benefit of the Lenders, fee in the amount of $50,00075,000, which fee shall be is fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Sources: Credit Agreement (Donnkenny Inc)
Amendment Fee. In consideration of the amendments set forth herein, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $50,000200,000, which fee shall be is fully earned as and payable on the date of this Amendment No. 1 and shall constitute part of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Amendment Fee. In consideration of the amendments set forth herein, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $50,00050,000 (the “Amendment Fee”), which fee shall be is fully earned as and payable on the date of this Amendment No. 10 and shall constitute part of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Sources: Credit Agreement (Hamilton Beach Brands Holding Co)
Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers to Agent, Borrowers shall have paid pay to Agent an amendment fee, for the ratable benefit of the Lenders, Lenders a fee for entering into this Amendment in the an amount of equal to $50,000xxx,xxx, which fee shall be is fully earned as of the date hereof and non-refundable under any due and all circumstances (it being understood that payable on the date hereof, and which Agent is hereby authorized to may, at its option, charge such fee directly to the Loan Account)loan account(s) of Borrowers.
Appears in 1 contract
Amendment Fee. Borrowers shall have paid agree to pay to Agent or Agent, at its option, may charge the account of Borrowers maintained by Agent, an amendment fee, for the ratable benefit of the Lenders, fee in the amount of $50,000, one and one-half (1 ½%) percent of each Lender's Commitment which fee shall be fees are fully earned as of the date hereof hereof, and non-refundable under shall be paid by Borrower to Agent or may be charged to any and all circumstances (it being understood that loan account(s) of Borrower as of the Agent is hereby authorized to charge such fee to the Loan Account)date hereof.
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Amendment Fee. Borrowers Upon execution of this Amendment, Borrower shall have paid pay to Agent an amendment fee, for the ratable benefit of the Lenders, fee in the amount of Twelve Thousand Five Hundred Dollars ($50,00012,500.00) (the “Amendment Fee”), which fee shall may be charged as a Revolving Advance or charged to any bank account of Borrower maintained with Agent or any Lender. The foregoing Amendment Fee is in addition to the interest and other amounts which Borrower is required to pay under the Other Documents, and is fully earned as of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)nonrefundable.
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Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers to Agent and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of Lenders (to the Lendersextent and in accordance with the arrangements between Agent and each Lender), an amendment fee in the amount of $50,000312,500, which fee shall be fully earned as of and due and payable on the effective date hereof and non-refundable under may be charged by Agent directly to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)loan account of Borrowers.
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Amendment Fee. In consideration of the agreements of Agent and Lenders and the amendments to the Loan Agreement set forth in this Amendment, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, a fee in the amount of $50,00030,000, which fee shall be is fully earned and payable by Borrowers to Agent as of the date hereof and non-refundable under may, at Agent's sole option, be charged by Agent to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)account of Borrowers maintained by Agent.
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Amendment Fee. In consideration of the amendments set forth herein, Borrowers shall have paid pay to Agent an amendment fee, for the ratable benefit account of the Lenders, and Agent may, at its option, charge the account of Borrowers maintained by Agent, a fee in the amount of $50,000450,000, which fee shall be constitute part of the Obligations and is fully earned as of the date hereof and non-refundable under any which shall be payable $225,000 on the date hereof and all circumstances (it being understood that $225,000 on the Agent is hereby authorized to charge such fee to first anniversary of the Loan Account)date hereof.
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Sources: Loan and Security Agreement (J Crew Operating Corp)
Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers to Agent, Borrowers shall have paid pay to Agent an amendment fee, for the ratable benefit of the Lenders, Lenders a fee for entering into this Amendment in the an amount of equal to $50,000XXX,XXX, which fee shall be is fully earned as of the date hereof and non-refundable under any due and all circumstances (it being understood that payable on the date hereof, and which Agent is hereby authorized to may, at its option, charge such fee directly to the Loan Account)loan account(s) of Borrowers.
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Amendment Fee. Borrowers The Borrower shall have paid pay to Agent an amendment fee, for the ratable benefit of the Lenders, fee in the an amount of equal to $50,00025,000, which fee amount shall be fully earned as and payable simultaneously with the execution of this Amendment and shall not be subject to refund, rebate or proration for any reason whatsoever. Such fee shall be in addition to all other amounts payable under the Loan Documents, shall constitute part of the date hereof Obligations and non-refundable under may, at Agent’s option, be charged directly to any and all circumstances (it being understood that account of the Agent is hereby authorized to charge such fee to the Loan Account)Borrower maintained with Agent.
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Amendment Fee. In addition to all other fees, charges, interest and expenses payable by Borrowers to Agent, Borrowers shall have paid pay to Agent an amendment fee, for the ratable benefit of the Lenders, Revolving Loan Lenders a fee for entering into this Amendment in the an amount of equal to $50,000200,000, which fee shall be is fully earned as of the date hereof and non-refundable under any due and all circumstances (it being understood that payable on the date hereof, and which Agent is hereby authorized to may, at its option, charge such fee directly to the Loan Account)loan account(s) of Borrowers.
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Amendment Fee. Borrowers shall have paid to Agent pay an amendment fee, for the ratable benefit of the Lenders, fee in the amount of $50,00010,000 to Agent for the benefit of Lenders. Agent shall notify Borrowers and Lenders when the foregoing conditions have been satisfied, which fee and such notice shall be fully earned as of the date hereof conclusive and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)binding.
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Amendment Fee. In consideration of the amendments set forth herein, Borrowers shall have paid on the date hereof, pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $50,000300,000, which fee shall be is fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
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Amendment Fee. In consideration of the waiver of the Covenant Defaults and the amendments to the Credit Agreement as set forth herein, Borrowers shall have paid pay to Agent, for the benefit of Lenders, or Agent, at its option, may charge the account(s) of Borrowers maintained by Agent an amendment fee, for the ratable benefit of the Lenders, fee in the amount of $50,00075,000, which fee shall be is fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
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Sources: Credit Agreement (Donnkenny Inc)
Amendment Fee. Borrowers In consideration of the amendments set forth herein, Borrower shall have paid pay to Agent an amendment fee, for the ratable benefit of the Lenders, and Agent may, at its option, charge any loan account of Borrower maintained by Agent, a fee in the amount of $50,000225,000, which fee shall be part of the Obligations and shall be fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)hereof.
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Amendment Fee. In consideration of the agreements of the Required Lenders hereunder, Borrowers shall have paid agree to pay to Agent (for the account of the Lenders executing this Amendment) an amendment fee, for fee (the ratable benefit of the Lenders, “Amendment Fee”) in the amount of 0.5% of the Total Commitment ($50,000, which fee 42,500). The Amendment Fee shall be fully earned as payable in full in cash on the effective date of the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)this Amendment.
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Sources: First Amendment, Waiver, Extension and Consent (Capital Growth Systems Inc /Fl/)
Amendment Fee. Borrowers Borrower shall have paid to Agent, for the benefit of the Lenders, an amendment fee in the amount of $206,250. Payment of Expenses. Borrower shall have paid to Agent an amendment feeand Lenders all costs, for fees and expenses owing in connection with this Amendment and the ratable benefit of the Lendersother Loan Documents and due to Agent or Lenders (including, in the amount of $50,000without limitation, which fee shall be fully earned as of the date hereof reasonable legal fees and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Accountexpenses).
Appears in 1 contract
Sources: Credit Agreement (Gottschalks Inc)
Amendment Fee. Borrowers The Borrower shall have paid pay to Agent an amendment fee, for the ratable benefit of the Lenders, fee in the an amount of equal to $50,0007,500, which fee amount shall be fully earned as and payable simultaneously with the execution of this Amendment and shall not be subject to refund, rebate or proration for any reason whatsoever. Such fee shall be in addition to all other amounts payable under the Loan Documents, shall constitute part of the date hereof Obligations and non-refundable under may, at Agent’s option, be charged directly to any and all circumstances (it being understood that account of the Agent is hereby authorized to charge such fee to the Loan Account)Borrower maintained with Agent.
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Amendment Fee. In consideration of the amendments set forth herein, Borrowers shall have paid on the date hereof, pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $50,000150,000, which fee shall be is fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
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Amendment Fee. In consideration of this Amendment, Borrowers shall have paid pay to Agent (for the account of Lenders on a pro rata basis according to their respective Commitments) an amendment fee, for the ratable benefit of the Lenders, fee in the amount of $50,000100,000, which fee shall be fully earned as of and due and payable on the date hereof and non-refundable under any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee which may be charged directly to the Loan Account)loan account of any Borrower.
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Amendment Fee. In consideration of the agreements of Agent and Lenders and the amendments to the Loan Agreement set forth in this Amendment, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, a fee in the amount of $50,00070,000, which fee shall be is fully earned and payable by Borrowers to Agent as of the date hereof and non-refundable under may, at Agent's sole option, be charged by Agent to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)account of Borrowers maintained by Agent.
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Amendment Fee. Borrowers Borrower shall have paid pay to Agent for its own account an amendment fee, for the ratable benefit of the Lenders, fee in the an amount of equal to $50,00025,000, which fee amount shall be fully earned as and payable simultaneously with the execution of this Amendment and shall not be subject to refund, rebate or proration for any reason whatsoever. Such fee shall be in addition to all other amounts payable under the Loan Documents, shall constitute part of the date hereof Obligations and non-refundable under may, at Agent’s option, be charged directly to any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)account of Borrower maintained with Agent.
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Amendment Fee. Borrowers shall have paid on the date hereof pay to Agent an amendment feeAgent, for the ratable benefit of the Lenders, an amendment fee in the amount of $50,0001 00,000, or Agent, at its option, may charge the account(s) of Borrowers maintained by Agent the amount of such fee, which fee shall be fully is earned as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
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Sources: Loan and Security Agreement (U.S. Silica Holdings, Inc.)
Amendment Fee. In consideration hereof, Borrowers shall have paid pay to Agent an amendment feeAgent, for the ratable benefit of the Lenders, an amendment fee in the amount of $50,0005,000 (the “Fee”), which fee Fee shall be fully earned as of earned, and due and payable, on the date hereof, shall be charged by Agent to the Borrowers’ Account on the date hereof and non-refundable under shall not be subject to refund, rebate or proration for any and all circumstances (it being understood that the Agent is hereby authorized to charge such fee to the Loan Account)reason whatsoever.
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Sources: Loan and Security Agreement (Tarrant Apparel Group)
Amendment Fee. Borrowers shall have paid on the date hereof pay to Agent an amendment feeAgent, for the ratable benefit of the Lenders, an amendment fee in the amount of $50,00020,000.00, or Agent, at its option, may charge the account(s) of Borrowers maintained by Agent the amount of such fee, which fee shall be fully is earned as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Sources: Loan and Security Agreement (U.S. Silica Holdings, Inc.)
Amendment Fee. In consideration of the amendments and consents set forth herein, Borrowers shall have paid on the date hereof, pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $50,00010,000, which fee shall be is fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
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Amendment Fee. In consideration of the amendments set forth herein, Borrowers shall have paid on the date hereof, pay to Agent an amendment feeAgent, for the ratable benefit account of the Lenders, or Agent, at its option, may charge the loan account of Borrowers maintained by Agent, an amendment fee in the amount of $50,000500,000 in the aggregate, which fee shall be is fully earned and payable as of the date hereof and non-refundable under any and all circumstances (it being understood that shall constitute part of the Agent is hereby authorized to charge such fee to the Loan Account)Obligations.
Appears in 1 contract
Sources: Credit Agreement (CVR Partners, Lp)
Amendment Fee. The Borrowers shall have paid to Agent an amendment feethe Agent, for the ratable benefit of the Lenders, in immediately available funds, a fully earned and nonrefundable amendment fee equal to $280,000, the amount payment of $50,000, which fee shall be fully earned as of the date hereof and non-refundable under any and all circumstances (it being understood that the effected by Agent is hereby authorized to charge charging such fee to Borrowers' Loan Account pursuant to Section 2.6(d) of the Loan Account)Agreement.
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