Amendment Fee. Borrower shall have paid to the Agent, for its sole and separate account and not the account of any Lender, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof.
Appears in 2 contracts
Sources: Credit Agreement (Dune Energy Inc), Credit Agreement (Dune Energy Inc)
Amendment Fee. Borrower Borrowers shall have paid to the Agent, for its sole and separate account and not the account ratable benefit of any Lenderthe Lenders, in immediately available funds an amendment fee of equal to $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof75,000.
Appears in 2 contracts
Sources: Credit Agreement (TRC Companies Inc /De/), Credit Agreement (TRC Companies Inc /De/)
Amendment Fee. Borrower shall have paid to the Agent, a nonrefundable amendment fee for its sole and separate account and not the ratable account of any Lenderthe Lenders, in an amendment fee of amount equal to $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof200,000.
Appears in 2 contracts
Sources: Credit Agreement (Vertis Inc), Credit Agreement (Vertis Inc)
Amendment Fee. Borrower shall have paid hereby agrees to pay to the AgentAgent for the benefit ------------- of the Lenders, for its sole and separate account and not in consideration of the account of any LenderLenders entering into this Amendment, an amendment fee of equal to $500,000 in immediately available funds150,000, to be allocated among the Lenders according to their respective Commitment Percentages. Such amendment fee shall be fully earned when paid and non-refundable on shall not be subject to rebate or refund for any reason. Such fee is a charge for services and is not, nor shall it be deemed to be, interest or a charge for the date hereofuse of money.
Appears in 2 contracts
Sources: Loan and Security Agreement (Satellink Communications Inc), Loan and Security Agreement (Satellink Communications Inc)
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account of any Lenderaccount, an a non-refundable amendment fee of equal to $500,000 150,000, in immediately available funds. Such amendment , in Dollars, which fee shall be fully earned and non-refundable on the date hereofin full when paid.
Appears in 2 contracts
Sources: Credit Agreement (Velocity Express Corp), Credit Agreement (Velocity Express Corp)
Amendment Fee. Borrower Borrowers shall have paid to the AgentAgent an amendment fee, for its sole and separate account and not the account ratable benefit of any Lenderthe Lenders, an amendment fee in the amount of $500,000 in immediately available funds. Such amendment 50,000, which fee shall be fully earned as of the date hereof and non-refundable on under any and all circumstances (it being understood that the date hereofAgent 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. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account ratable benefit of any Lenderthe Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee 175,000, which shall be fully earned and non-refundable on the date hereofrefundable.
Appears in 2 contracts
Sources: Credit Agreement (Outsourcing Services Group Inc), Credit Agreement (Outsourcing Services Group Inc)
Amendment Fee. Borrower Borrowers shall have paid a non-refundable amendment fee equal to the $300,000, in immediately available funds, to Agent, for its the sole and separate account and not the account of any LenderAgent, an amendment fee of $500,000 in immediately available funds. Such which amendment fee shall be fully earned and non-refundable in full on the date hereofFirst Amendment Effective Date.
Appears in 2 contracts
Sources: Credit Agreement (CDC Corp), Credit Agreement (CDC Software CORP)
Amendment Fee. Borrower The Borrowers shall have paid pay to the Agent, for its sole and separate account and not the account ratable benefit of any each Lender, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be fully earned and a non-refundable upfront fee equal to $59,250 (the "Amendment Fee"), which Amendment Fee shall be due and payable and fully earned on the date hereof.
Appears in 1 contract
Sources: Credit and Security Agreement (Katy Industries Inc)
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be , a fully earned and non-refundable on nonrefundable amendment fee equal to $650,000, the date hereofpayment of which shall be effected by Agent applying the proceeds of the Term Loan C made pursuant to the Loan Agreement (as amended hereby).
Appears in 1 contract
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole the benefit of the Lenders executing and separate account delivering to the Agent a copy of this Amendment, a fee with respect to the consents, waivers and not amendments included herein in the account of any Lender, an amendment fee amount of $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof.100,000; and
Appears in 1 contract
Sources: Credit Agreement (Egl Inc)
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be , a fully earned and non-refundable on nonrefundable amendment fee equal to $10,000 the date hereofpayment of which shall be effected by Agent charging such fee to Borrowers' Loan Account.
Appears in 1 contract
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be , a fully earned and non-refundable on nonrefundable amendment fee equal to $75,000, the date hereofpayment of which shall be effected by Agent charging such fee to Borrowers' Loan Account pursuant to Section 2.6(d) of the Loan Agreement.
Appears in 1 contract
Amendment Fee. Borrower shall have paid pay to the Agent, for its sole and separate account and not the account ratable benefit of any LenderLenders, an a non-refundable amendment fee of $500,000 in immediately available funds. Such amendment fee 312,500, all of which shall be fully earned and non-refundable payable on the date hereof.
Appears in 1 contract
Sources: Credit Agreement (Wickes Inc)
Amendment Fee. Borrower shall have paid to the Agent, for its sole and separate account and not the account ratable benefit of any Lenderthe Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee 65,000 ("Amendment Fee"), which Amendment Fee shall be fully earned and non-refundable payable on the date hereof.; and
Appears in 1 contract
Sources: Credit Agreement (Gfsi Inc)
Amendment Fee. Borrower shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders, an a non-refundable, fully earned amendment fee of $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof2,500.
Appears in 1 contract
Sources: Loan Agreement (Good Guys Inc)
Amendment Fee. Borrower The Borrowers shall have paid pay to the Agent, for its sole and separate account and not the account ratable benefit of any Lenderthe Lenders, an amendment fee in the amount of $500,000 in immediately available funds. Such amendment 15,000, which fee shall be fully deemed to be earned and non-refundable on as of the date hereof.
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Foster L B Co)
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be , a fully earned and non-refundable on nonrefundable amendment fee equal to $225,000, the date hereofpayment of which shall be effected by Agent charging such fee to Borrowers' Loan Account.
Appears in 1 contract
Amendment Fee. Borrower shall have paid pay to the Agent, for its sole and separate account and not the account ratable benefit of any LenderLenders, an a non-refundable amendment fee of $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof28,600.
Appears in 1 contract
Sources: Credit Agreement (Osullivan Industries Holdings Inc)
Amendment Fee. Borrower The Borrowers shall have paid pay to the Agent, for its sole and separate account and not the account ratable benefit of any Lenderthe Lenders, an amendment fee in the amount of $500,000 in immediately available funds. Such amendment 12,000, which fee shall be fully deemed to be earned and non-refundable on as of the date hereof.
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Foster L B Co)
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, Agent for its sole and separate account and not the account ratable benefit of any Lender, the Lenders an amendment fee in the amount of $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof225,000.
Appears in 1 contract
Sources: Credit Agreement (Nn Inc)
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be , a fully earned and non-refundable on nonrefundable amendment fee equal to $280,000, the date hereofpayment of which shall be effected by Agent charging such fee to Borrowers' Loan Account pursuant to Section 2.6(d) of the Loan Agreement.
Appears in 1 contract
Amendment Fee. Borrower The Borrowers shall have paid pay to the Agent, for its sole and separate account and not the account ratable benefit of any Lenderthe Lenders, an amendment fee of 0.125% of the Revolving Credit Ceiling ($500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof93,750.00).
Appears in 1 contract
Sources: Waiver and Consent to Credit Agreement (American Apparel, Inc)
Amendment Fee. Borrower The Borrowers shall have paid pay to the Agent, for its sole in addition to all other fees and separate account and not charges in the account of any LenderLoan Documents, an a non-refundable amendment fee equal to $155,000 (the “Amendment Fee”). The Borrowers hereby acknowledge and agree that the foregoing Amendment Fee is fully-earned as of $500,000 in immediately available funds. Such amendment fee shall be fully earned the date hereof and non-refundable on the date hereoffor any reason.
Appears in 1 contract
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account of any Lenderaccount, an a non-refundable amendment fee of equal to $500,000 75,000, in immediately available funds. Such amendment , in Dollars, which fee shall be fully earned and non-refundable on the date hereofin full when paid.
Appears in 1 contract
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be , a fully earned and non-refundable on nonrefundable amendment fee equal to $5,000, the date hereofpayment of which shall be effected by Agent charging such fee to Borrowers’ Loan Account.
Appears in 1 contract
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be , a fully earned and non-refundable on nonrefundable amendment fee equal to $50,000 the date hereofpayment of which shall be effected by Agent charging such fee to Borrowers’ Loan Account.
Appears in 1 contract
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be , a fully earned and non-refundable on nonrefundable amendment fee equal to $80,000, the date hereofpayment of which shall be effected by Agent charging such fee to Borrowers' Loan Account.
Appears in 1 contract
Amendment Fee. Borrower Borrowers shall have paid to the Agent, for its sole and separate account and not the account ratable benefit of any Lenderthe Lenders, in immediately available funds an amendment fee of equal to $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof7,500.
Appears in 1 contract
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any LenderLenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof375,000.
Appears in 1 contract
Amendment Fee. The Borrower shall have paid to the Agent, for its sole Loan and separate account and not the account of any Lender, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be fully earned and ------------- Collateral Agent a non-refundable on amendment fee in an amount equal to $40,000 to be distributed equally among the date hereofBanks.
Appears in 1 contract
Sources: Revolving Credit Agreement (California Steel Industries Inc)
Amendment Fee. Borrower shall have paid pay to the Agent, for its sole and separate account and not the account ratable benefit of any Lender------------- the Lenders, an a non-refundable amendment fee of $500,000 in immediately available funds. Such amendment fee 100,000, all of which shall be fully earned and non-refundable payable on the date hereof.
Appears in 1 contract
Sources: Credit Agreement (Wickes Inc)
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account of any Lenderthe Lenders, an amendment fee in the amount of $500,000 in immediately available funds. Such 150,000, which amendment fee shall be fully earned and non-refundable on by the Lenders as of the date hereof.of payment thereof; and
Appears in 1 contract
Amendment Fee. Borrower shall have paid pay to the Agent, for its sole the benefit of the Lenders, in connection with certain recent accommodations provided by Lenders and separate account and not the account of any LenderLenders' willingness to enter into this Amendment, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be fully earned and a non-refundable fee equal to $400,000 (the "Amendment Fee"), payable on the date hereof.
Appears in 1 contract
Sources: Credit Agreement (Gottschalks Inc)
Amendment Fee. Borrower Borrowers shall have paid to the Agent, for its sole and separate account and not the account ratable benefit of any Lenderthe Lenders, in immediately available funds an amendment fee of equal to $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof100,000.
Appears in 1 contract
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account of any Lenderaccount, an a non-refundable amendment fee of equal to $500,000 5,000, in immediately available funds. Such amendment , in Dollars, which fee shall be fully earned and non-refundable on the date hereofin full when paid.
Appears in 1 contract
Amendment Fee. Borrower Borrowers shall have paid pay to the Agent, for its sole and separate account and not the account ratable benefit of any Lenderthe Lenders, an a non-refundable amendment fee of $500,000 in immediately available funds. Such 100,000, which amendment fee shall be fully earned and non-refundable on payable upon the date hereofexecution of this Second Amendment by the Agent and Majority Lenders.
Appears in 1 contract
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be , a fully earned and non-refundable on nonrefundable amendment fee equal to $900,000, the date hereofpayment of which shall be effected by Agent applying the proceeds of the Term Loan B made pursuant to the Loan Agreement (as amended hereby).
Appears in 1 contract
Amendment Fee. Borrower shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders, an as non-refundable, fully earned amendment fee of $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof25,000.
Appears in 1 contract
Sources: Loan Agreement (Good Guys Inc)
Amendment Fee. Borrower shall have paid to the Agent, for its sole and separate account and not the account of any Lender, an amendment fee of $500,000 100,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof.
Appears in 1 contract
Sources: Credit Agreement (Dune Energy Inc)
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be , a fully earned and non-refundable on nonrefundable amendment fee equal to $5,000, the date hereofpayment of which shall be effected by Agent charging such fee to Borrowers' Loan Account.
Appears in 1 contract
Amendment Fee. In consideration of the Lenders' execution of this Amendment, the Borrower shall have paid to pay the AgentAgent a fully earned, for its sole and separate account and not non-refundable fee in the account of any Lender, an amendment fee amount of $500,000 in immediately available funds. Such amendment 75,000, which fee shall be fully earned immediately due and non-refundable on the date hereofpayable.
Appears in 1 contract
Amendment Fee. The Borrower shall have paid to the Agent, for its sole and separate account and not the account ratable benefit of any Lenderthe Lenders, an amendment fee in the amount of $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof200,000.
Appears in 1 contract
Sources: Credit Agreement (Packaged Ice Inc)
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole the benefit of the Lenders executing and separate account delivering to the Agent a copy of this Amendment a fee with respect to the consents and not waivers included herein in the account of any Lender, an amendment fee amount of $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof75,000.
Appears in 1 contract
Sources: Credit Agreement (Egl Inc)
Amendment Fee. The Borrower shall have paid to the Agent, Agent for its sole and separate account and not the account of any Lender, an the Lenders executing this Amendment a nonrefundable amendment fee in the amount of $500,000 in immediately available funds. Such amendment fee shall 15,000 to be fully earned shared pro rata among the Lenders who have executed and non-refundable delivered this Amendment on the date hereofor before August 3, 2005.
Appears in 1 contract
Sources: Credit Agreement (Ezcorp Inc)
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be , a fully earned and non-refundable on nonrefundable amendment fee equal to $10,000, the date hereofpayment of which shall be effected by Agent charging such fee to Borrowers' Loan Account.
Appears in 1 contract
Amendment Fee. In order to induce Agent and Lenders to enter into this Fourteenth Amendment, Borrower shall have paid agrees to pay to Agent for the Agent, for its sole and separate account and not the account ratable benefit of any Lender, Lenders an amendment fee of equal to Seventy–Two Thousand Dollars ($500,000 in immediately available funds72,000). Such Said amendment fee shall be payable in full, fully earned and non-–refundable on the date hereof.
Appears in 1 contract
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any LenderNew Lenders, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be fully earned and non-refundable on the date hereof375,000.
Appears in 1 contract
Amendment Fee. Borrower The Borrowers shall have paid to the Agent, for its sole and separate account and not the account benefit of any Lenderthe Lenders with a Term Loan Commitment, an amendment fee of $500,000 in immediately available funds. Such amendment fee shall be , a fully earned and non-refundable on nonrefundable amendment fee equal to $10,000, the date hereofpayment of which shall be effected by Agent charging such fee to Borrowers' Loan Account.
Appears in 1 contract