Common use of Amendment Fee Clause in Contracts

Amendment Fee. Borrowers shall have paid a non-refundable amendment fee equal to $300,000, in immediately available funds, to Agent, for the sole and separate account of Agent, which amendment fee shall be earned in full on the First Amendment Effective Date.

Appears in 2 contracts

Sources: Credit Agreement (CDC Corp), Credit Agreement (CDC Software CORP)

Amendment Fee. The Borrowers shall have paid to Agent, for its sole and separate account, a non-refundable amendment fee equal to $300,000150,000, in immediately available funds, to Agent, for the sole and separate account of Agentin Dollars, which amendment fee shall be earned in full on the First Amendment Effective Datewhen paid.

Appears in 2 contracts

Sources: Credit Agreement (Velocity Express Corp), Credit Agreement (Velocity Express Corp)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000, in immediately available funds, to the Agent, for the sole and separate account ratable benefit of Agentthe Lenders, an amendment fee of $175,000, which amendment fee shall be fully earned in full on the First Amendment Effective Dateand non-refundable.

Appears in 2 contracts

Sources: Credit Agreement (Outsourcing Services Group Inc), Credit Agreement (Outsourcing Services Group Inc)

Amendment Fee. Borrowers Borrower shall have paid to the Agent, a non-refundable nonrefundable amendment fee for the ratable account of the Lenders, in an amount equal to $300,000, in immediately available funds, to Agent, for the sole and separate account of Agent, which amendment fee shall be earned in full on the First Amendment Effective Date200,000.

Appears in 2 contracts

Sources: Credit Agreement (Vertis Inc), Credit Agreement (Vertis Inc)

Amendment Fee. Borrowers shall have paid a non-refundable Borrower hereby agrees to pay to the Agent for the benefit ------------- of the Lenders, in consideration of the Lenders entering into this Amendment, an amendment fee equal to $300,000, in immediately available funds150,000, to Agent, for be allocated among the sole and separate account of Agent, which amendment Lenders according to their respective Commitment Percentages. Such fee shall be fully earned in full on when paid and 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 First Amendment Effective Dateuse of money.

Appears in 2 contracts

Sources: Loan and Security Agreement (Satellink Communications Inc), Loan and Security Agreement (Satellink Communications Inc)

Amendment Fee. Borrowers Borrower shall have paid a non-refundable to the Agent, for its sole and separate account and not the account of any Lender, an amendment fee equal to of $300,000, 500,000 in immediately available funds, to Agent, for the sole and separate account of Agent, which . Such amendment fee shall be fully earned in full and non-refundable on the First Amendment Effective Datedate hereof.

Appears in 2 contracts

Sources: Credit Agreement (Dune Energy Inc), Credit Agreement (Dune Energy Inc)

Amendment Fee. Borrowers Borrower shall have paid pay to the Agent, for the benefit of the Lenders, in connection with certain recent accommodations provided by Lenders and Lenders' willingness to enter into this Amendment, a non-refundable amendment fee equal to $300,000400,000 (the "Amendment Fee"), in immediately available funds, to Agent, for the sole and separate account of Agent, which amendment fee shall be earned in full payable on the First Amendment Effective Datedate hereof.

Appears in 1 contract

Sources: Credit Agreement (Gottschalks Inc)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000, in immediately available funds, pay to Agent, for the sole and separate account ratable benefit of Agenteach Lender, a non-refundable upfront fee equal to $59,250 (the "Amendment Fee"), which amendment fee Amendment Fee shall be due and payable and fully earned in full on the First Amendment Effective Datedate hereof.

Appears in 1 contract

Sources: Credit and Security Agreement (Katy Industries Inc)

Amendment Fee. Borrowers Borrower shall have paid a non-refundable amendment fee equal to $300,000, in immediately available funds, to the Agent, for the sole and separate account benefit of Agentthe Lenders, which as non-refundable, fully earned amendment fee shall be earned in full on the First Amendment Effective Dateof $25,000.

Appears in 1 contract

Sources: Loan Agreement (Good Guys Inc)

Amendment Fee. Borrowers Agent shall have paid received, for the ratable benefit of the Lenders, a non-refundable amendment fee equal to in the amount of one hundred seventy-five thousand Dollars ($300,000, in immediately available funds, to Agent, for the sole and separate account of Agent175,000), which amendment fee shall be fully earned in full and due and payable on the First Amendment Effective Datedate of this Amendment.

Appears in 1 contract

Sources: Loan and Security Agreement (Headwaters Inc)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000the Agent, for the benefit of the Lenders, in immediately available funds, to Agent, for the sole a fully earned and separate account of Agent, which nonrefundable amendment fee equal to $5,000, the payment of which shall be earned in full on the First Amendment Effective Dateeffected by Agent charging such fee to Borrowers' Loan Account.

Appears in 1 contract

Sources: Loan and Security Agreement (LSB Industries Inc)

Amendment Fee. Borrowers In consideration of the Lenders' execution of this Amendment, the Borrower shall have paid pay the Agent a fully earned, non-refundable amendment fee equal to in the amount of $300,000, in immediately available funds, to Agent, for the sole and separate account of Agent75,000, which amendment fee shall be earned in full on the First Amendment Effective Dateimmediately due and payable.

Appears in 1 contract

Sources: Credit and Security Agreement (Sheldahl Inc)

Amendment Fee. Borrowers The Borrower shall have paid to the Agent for the account of the Lenders executing this Amendment a non-refundable nonrefundable amendment fee equal in the amount of $15,000 to $300,000be shared pro rata among the Lenders who have executed and delivered this Amendment on or before August 3, in immediately available funds, to Agent, for the sole and separate account of Agent, which amendment fee shall be earned in full on the First Amendment Effective Date2005.

Appears in 1 contract

Sources: Credit Agreement (Ezcorp Inc)

Amendment Fee. The Borrowers shall have paid to Agent, for its sole and separate account, a non-refundable amendment fee equal to $300,0005,000, in immediately available funds, to Agent, for the sole and separate account of Agentin Dollars, which amendment fee shall be earned in full on the First Amendment Effective Datewhen paid.

Appears in 1 contract

Sources: Credit Agreement (Velocity Express Corp)

Amendment Fee. The Borrowers shall have paid to Agent, for its sole and separate account, a non-refundable amendment fee equal to $300,00030,000, in immediately available funds, to Agent, for the sole and separate account of Agentin Dollars, which amendment fee shall be earned in full on the First Amendment Effective Datewhen paid.

Appears in 1 contract

Sources: Credit Agreement (Velocity Express Corp)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal pay to $300,000, in immediately available funds, to the Agent, for the sole and separate account ratable benefit of Agentthe Lenders, an amendment fee in the amount of $15,000, which amendment fee shall be deemed to be earned in full on as of the First Amendment Effective Datedate hereof.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Foster L B Co)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000the Agent, for the benefit of the Lenders, in immediately available funds, to Agent, for the sole a fully earned and separate account of Agent, which nonrefundable amendment fee equal to $225,000, the payment of which shall be earned in full on the First Amendment Effective Dateeffected by Agent charging such fee to Borrowers' Loan Account.

Appears in 1 contract

Sources: Loan and Security Agreement (LSB Industries Inc)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000the Agent, for the benefit of the Lenders, in immediately available funds, to Agent, for the sole a fully earned and separate account of Agent, which nonrefundable amendment fee equal to $650,000, the payment of which shall be earned in full on effected by Agent applying the First Amendment Effective Dateproceeds of the Term Loan C made pursuant to the Loan Agreement (as amended hereby).

Appears in 1 contract

Sources: Loan and Security Agreement (Frontstep Inc)

Amendment Fee. Borrowers The Borrower shall have paid a non-refundable amendment fee equal pay to $300,000, in immediately available funds, to the Agent, for the sole and separate account ratable benefit of Agentthe Lenders, an amendment fee in the amount of $75,000 on the execution of the Amendment, which amendment fee shall may be earned in full on charged to the First Amendment Effective DateBorrower's Loan Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Eftc Corp/)

Amendment Fee. Borrowers Borrower shall have paid a non-refundable to the Agent for the benefit of the Lenders an amendment fee equal to in the amount of $300,000, in immediately available funds, to Agent, for the sole and separate account of Agent, which amendment fee shall be earned in full on the First Amendment Effective Date58,013.56.

Appears in 1 contract

Sources: Credit Agreement (Schlotzskys Inc)

Amendment Fee. Borrowers The Borrower shall have paid pay the Agent as of the date hereof a fully earned, non-refundable amendment fee equal to in the amount of $300,000, 200,000 in immediately available funds, to Agent, for consideration of the sole and separate account Lenders' execution of Agent, which amendment fee shall be earned in full on the First Amendment Effective Datethis Amendment.

Appears in 1 contract

Sources: Credit and Security Agreement (Sheldahl Inc)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000the Agent, for the benefit of the Lenders, in immediately available funds, to Agent, for the sole a fully earned and separate account of Agent, which nonrefundable amendment fee equal to $50,000 the payment of which shall be earned in full on the First Amendment Effective Dateeffected by Agent charging such fee to Borrowers’ Loan Account.

Appears in 1 contract

Sources: Loan and Security Agreement (LSB Industries Inc)

Amendment Fee. In consideration of the agreements set forth herein, Borrowers shall have paid a hereby agree to jointly and severally pay to Agent for the benefit of the Lenders an amendment fee in the amount of $75,000 (the “Amendment Fee”), which fee is non-refundable amendment fee equal to $300,000, in immediately available funds, to Agent, for the sole when paid and separate account is fully-earned as of Agent, which amendment fee shall be earned in full and due and payable on the First Amendment Effective Datedate of this Amendment.

Appears in 1 contract

Sources: Loan and Security Agreement (iMedia Brands, Inc.)

Amendment Fee. Borrowers Borrower shall have paid pay to Agent, for the ratable benefit of Lenders, a non-refundable amendment fee equal to of $300,000312,500, in immediately available funds, to Agent, for the sole and separate account all of Agent, which amendment fee shall be fully earned in full and payable on the First Amendment Effective Datedate hereof.

Appears in 1 contract

Sources: Credit Agreement (Wickes Inc)

Amendment Fee. Borrowers Borrower shall have paid a non-refundable amendment fee equal to $300,000, in immediately available funds, to Agent, for the sole and separate account ratable benefit of Agentthe Lenders, an amendment fee of $65,000 ("Amendment Fee"), which amendment fee Amendment Fee shall be fully earned in full and payable on the First Amendment Effective Date.date hereof; and

Appears in 1 contract

Sources: Credit Agreement (Gfsi Inc)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000the Agent, for the benefit of the Lenders, in immediately available funds, to Agent, for the sole a fully earned and separate account of Agent, which nonrefundable amendment fee equal to $80,000, the payment of which shall be earned in full on the First Amendment Effective Dateeffected by Agent charging such fee to Borrowers' Loan Account.

Appears in 1 contract

Sources: Loan and Security Agreement (LSB Industries Inc)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000, in immediately available funds, to Agent, for the sole and separate account benefit of AgentLenders, which an amendment fee shall be earned in full on the First Amendment Effective Dateof $375,000.

Appears in 1 contract

Sources: Post Petition Credit Agreement (Owens Corning)

Amendment Fee. The Borrowers shall have paid to Agent, for its sole and separate account, a non-refundable amendment fee equal to $300,00075,000, in immediately available funds, to Agent, for the sole and separate account of Agentin Dollars, which amendment fee shall be earned in full on the First Amendment Effective Datewhen paid.

Appears in 1 contract

Sources: Credit Agreement (Velocity Express Corp)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000, in immediately available funds, to the Agent, for the sole benefit of the Lenders executing and separate account delivering to the Agent a copy of Agentthis Amendment, which amendment a fee shall be earned with respect to the consents, waivers and amendments included herein in full on the First Amendment Effective Date.amount of $100,000; and

Appears in 1 contract

Sources: Credit Agreement (Egl Inc)

Amendment Fee. The Borrowers shall have paid to the Agent, for the benefit of the Lenders with a non-refundable amendment fee equal to $300,000Term Loan Commitment, in immediately available funds, to Agent, for the sole a fully earned and separate account of Agent, which nonrefundable amendment fee equal to $10,000, the payment of which shall be earned in full on the First Amendment Effective Dateeffected by Agent charging such fee to Borrowers' Loan Account.

Appears in 1 contract

Sources: Loan and Security Agreement (LSB Industries Inc)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000the Agent, for the benefit of the Lenders, in immediately available funds, to Agent, for the sole a fully earned and separate account of Agent, which nonrefundable amendment fee equal to $5,000, the payment of which shall be earned in full on the First Amendment Effective Dateeffected by Agent charging such fee to Borrowers’ Loan Account.

Appears in 1 contract

Sources: Loan and Security Agreement (LSB Industries Inc)

Amendment Fee. Borrowers Borrower shall have paid a non-refundable amendment fee equal to $300,000, in immediately available funds, to the Agent, for the sole and separate account benefit of Agentthe Lenders, which a non-refundable, fully earned amendment fee shall be earned in full on the First Amendment Effective Dateof $2,500.

Appears in 1 contract

Sources: Loan Agreement (Good Guys Inc)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000the Agent, for the benefit of the Lenders, in immediately available funds, to Agent, for the sole a fully earned and separate account of Agent, which nonrefundable amendment fee equal to $10,000 the payment of which shall be earned in full on the First Amendment Effective Dateeffected by Agent charging such fee to Borrowers' Loan Account.

Appears in 1 contract

Sources: Loan and Security Agreement (LSB Industries Inc)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000the Agent, for the benefit of the Lenders, in immediately available funds, to Agent, for the sole a fully earned and separate account of Agent, which nonrefundable amendment fee equal to $75,000, the payment of which shall be earned in full on effected by Agent charging such fee to Borrowers' Loan Account pursuant to Section 2.6(d) of the First Amendment Effective DateLoan Agreement.

Appears in 1 contract

Sources: Loan and Security Agreement (Frontstep Inc)

Amendment Fee. The Borrowers shall have paid pay to the Agent, in addition to all other fees and charges in the Loan Documents, a non-refundable amendment fee equal to $300,000, in immediately available funds, to Agent, 155,000 (the “Amendment Fee”). The Borrowers hereby acknowledge and agree that the foregoing Amendment Fee is fully-earned as of the date hereof and non-refundable for the sole and separate account of Agent, which amendment fee shall be earned in full on the First Amendment Effective Dateany reason.

Appears in 1 contract

Sources: Loan and Security Agreement (Mynd.ai, Inc.)

Amendment Fee. Borrowers Borrower shall have paid pay to Agent, for the ratable benefit of the Lenders, a non-refundable amendment fee in an amount equal to $300,00040,000 (the “Amendment Fee”), which Amendment Fee shall be due and payable in immediately available funds, to Agent, for the sole and separate account of Agent, which amendment fee shall be earned in full funds on the First Amendment Effective Datedate hereof.

Appears in 1 contract

Sources: Credit Agreement (SWK Holdings Corp)

Amendment Fee. Borrowers Borrower shall have paid pay to Agent, for the ratable benefit of ------------- the Lenders, a non-refundable amendment fee equal to of $300,000100,000, in immediately available funds, to Agent, for the sole and separate account all of Agent, which amendment fee shall be fully earned in full and payable on the First Amendment Effective Datedate hereof.

Appears in 1 contract

Sources: Credit Agreement (Wickes Inc)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000, in immediately available funds, to the Agent, for the sole and separate account of Agentthe Lenders, an amendment fee in the amount of $150,000, which amendment fee shall be fully earned in full on by the First Amendment Effective Date.Lenders as of the date of payment thereof; and

Appears in 1 contract

Sources: Loan and Security Agreement (Century Aluminum Co)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000, in immediately available funds, to Agent, for the sole and separate account benefit of AgentNew Lenders, which an amendment fee shall be earned in full on the First Amendment Effective Dateof $375,000.

Appears in 1 contract

Sources: Post Petition Credit Agreement (Owens Corning)

Amendment Fee. Borrowers Borrower shall have paid pay to Agent, for the ratable benefit of Lenders, a non-refundable amendment fee equal to of $300,000, in immediately available funds, to Agent, for the sole and separate account of Agent, which amendment fee shall be earned in full on the First Amendment Effective Date28,600.

Appears in 1 contract

Sources: Credit Agreement (Osullivan Industries Holdings Inc)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal pay to $300,000, in immediately available funds, to the Agent, for the sole and separate account ratable benefit of Agentthe Lenders, an amendment fee in the amount of $12,000, which amendment fee shall be deemed to be earned in full on as of the First Amendment Effective Datedate hereof.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Foster L B Co)

Amendment Fee. The Borrowers shall have paid a non-refundable to the Agent for the ratable benefit of the Lenders an amendment fee equal to in the amount of $300,000, in immediately available funds, to Agent, for the sole and separate account of Agent, which amendment fee shall be earned in full on the First Amendment Effective Date225,000.

Appears in 1 contract

Sources: Credit Agreement (Nn Inc)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000, in immediately available funds, to the Agent, for the sole benefit of the Lenders executing and separate account delivering to the Agent a copy of Agent, which amendment this Amendment a fee shall be earned with respect to the consents and waivers included herein in full on the First Amendment Effective Dateamount of $75,000.

Appears in 1 contract

Sources: Credit Agreement (Egl Inc)

Amendment Fee. Borrowers The Borrower shall have paid to the Loan and ------------- Collateral Agent a non-refundable amendment fee in an amount equal to $300,000, in immediately available funds, 40,000 to Agent, for be distributed equally among the sole and separate account of Agent, which amendment fee shall be earned in full on the First Amendment Effective DateBanks.

Appears in 1 contract

Sources: Revolving Credit Agreement (California Steel Industries Inc)

Amendment Fee. Borrowers The Borrower shall have paid a non-refundable amendment fee equal to $300,000, in immediately available funds, to the Agent, for the sole and separate account ratable benefit of Agentthe Lenders, which an amendment fee shall be earned in full on the First Amendment Effective Dateamount of $200,000.

Appears in 1 contract

Sources: Credit Agreement (Packaged Ice Inc)

Amendment Fee. Borrowers shall have paid pay to the Agent, for the ratable benefit of the Lenders, a non-refundable amendment fee equal to of $300,000, in immediately available funds, to Agent, for the sole and separate account of Agent100,000, which amendment fee shall be fully earned in full on and payable upon the First execution of this Second Amendment Effective Dateby the Agent and Majority Lenders.

Appears in 1 contract

Sources: Loan and Security Agreement (Clean Harbors Inc)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal to $300,000the Agent, for the benefit of the Lenders, in immediately available funds, to Agent, for the sole a fully earned and separate account of Agent, which nonrefundable amendment fee equal to $900,000, the payment of which shall be earned in full on effected by Agent applying the First Amendment Effective Dateproceeds of the Term Loan B made pursuant to the Loan Agreement (as amended hereby).

Appears in 1 contract

Sources: Loan and Security Agreement (Frontstep Inc)

Amendment Fee. Borrowers Borrower shall have paid a non-refundable to the Agent, for its sole and separate account and not the account of any Lender, an amendment fee equal to of $300,000, 100,000 in immediately available funds, to Agent, for the sole and separate account of Agent, which . Such amendment fee shall be fully earned in full and non-refundable on the First Amendment Effective Datedate hereof.

Appears in 1 contract

Sources: Credit Agreement (Dune Energy Inc)

Amendment Fee. Borrowers Borrower shall have paid a pay to Agent for the ratable benefit of the Lenders an amendment fee (the “Amendment Fee”) equal to $62,500, which Amendment Fee is fully-earned on the date hereof and is non-refundable amendment fee equal to $300,000, in immediately available funds, to Agent, for the sole and separate account of Agent, which amendment fee shall be earned in full on the First Amendment Effective Datewhen paid.

Appears in 1 contract

Sources: Credit Agreement (JMP Group LLC)

Amendment Fee. The Borrowers shall have paid a non-refundable amendment fee equal pay to $300,000, in immediately available funds, to the Agent, for the sole and separate account ratable benefit of Agentthe Lenders, which an amendment fee shall be earned in full on of 0.125% of the First Amendment Effective DateRevolving Credit Ceiling ($93,750.00).

Appears in 1 contract

Sources: Waiver and Consent to Credit Agreement (American Apparel, Inc)