Common use of Amendment Fee Clause in Contracts

Amendment Fee. The Borrowers jointly and severally agree to pay to the Agent and the Lenders on the date hereof an amendment fee in the amount of $20,000 as additional consideration for the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaults.

Appears in 1 contract

Samples: Loan and Security Agreement (Harolds Stores Inc)

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Amendment Fee. The In consideration of the agreements set forth herein, the U.S. Borrowers jointly and severally hereby agree to pay to Agent, for the Agent and ratable benefit of the Lenders on the date hereof Lenders, an amendment fee in the amount of $20,000 50,000 (the “Amendment Fee”), which fee is non-refundable when paid and is fully-earned as additional consideration for of and due and payable on the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultsdate of this Amendment.

Appears in 1 contract

Samples: Contribution and Asset Purchase Agreement (Twist Beauty S.a r.l. & Partners S.C.A.)

Amendment Fee. The Borrowers Obligated Parties jointly and severally agree to pay to the Agent and the Lenders on the date hereof an amendment fee in the aggregate amount of $20,000 625,000 as additional consideration for the Agent's and the Lenders agreement to amend the Agreement, waive the Specified Defaults, and consent to the Proposed Actions, and waive the Existing DefaultsSubordination.

Appears in 1 contract

Samples: Credit Agreement (Daisytek International Corporation /De/)

Amendment Fee. The In consideration of the agreements set forth herein, Borrowers hereby agree to jointly and severally agree to pay to Agent for the Agent and benefit of the Lenders on the date hereof an amendment fee in the amount of $20,000 10,000 (the “Amendment Fee”), which fee is non-refundable when paid and is fully-earned as additional consideration for of and due and payable on the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaults.date of this Amendment. ​

Appears in 1 contract

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

Amendment Fee. The Borrowers jointly and severally agree In consideration for the agreements set forth herein, Borrower agrees to pay to Agent, for Agent's benefit and for the Agent and the Lenders benefit of Lenders, an amendment fee of $75,000, which fee shall be (i) deemed fully earned on the date hereof an amendment fee in the amount of $20,000 as additional consideration for the Agent's and the Lenders agreement to amend the Agreementhereof, consent to the Proposed Actions(ii) non-refundable, and waive (iii) be due and payable in full on the Existing Defaultsdate hereof. ARTICLE III.

Appears in 1 contract

Samples: Loan and Security Agreement (Banctec Inc)

Amendment Fee. The Borrowers jointly and severally agree Borrower hereby agrees to pay to Agent, for the Agent and ratable benefit of the Lenders Lenders, an amendment fee of $58,750 (the "Amendment Fee"), payable on the date hereof an amendment fee in the amount of $20,000 as additional consideration for the Agent's hereof. The Amendment Fee shall be fully earned when due and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultsnon-refundable when paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Cti Industries Corp)

Amendment Fee. The Borrowers jointly and severally (a) hereby agree to pay to the Agent Collateral Agent, for its sole and separate account and not the Lenders account of any Lender, a nonrefundable amendment fee equal to $25,000, in immediately available funds, on the date hereof an amendment fee in the amount of $20,000 as additional consideration for the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actionshereof, and waive (b) acknowledge and agree that such fee shall be fully earned as of date hereof, constitutes an “Obligation” and is in addition to any interest and other fees payable by the Existing DefaultsBorrowers under the Credit Agreement or any other Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Apparel Holding Corp.)

Amendment Fee. The Borrowers jointly and severally agree to pay to Agent, for the Agent and ratable benefit of the Lenders on the date hereof Lenders, an amendment fee in the amount of $20,000 5,800, payable on the earlier of February 11, 2005, or such earlier date as additional consideration for the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing DefaultsObligations shall be paid in their entirety.

Appears in 1 contract

Samples: Loan Agreement (Horizon Offshore Inc)

Amendment Fee. The Borrowers jointly As consideration for Agent and severally agree Lenders entering into this Amendment, Borrower hereby agrees to pay to Agent, for the Agent and the Lenders on the date hereof benefit of Lenders, an amendment fee in equal to $200,000.00 (the amount “Amendment Fee”), which fee was fully earned by Agent’s issuance of $20,000 as additional consideration for the Agent's and the Lenders agreement to amend the Agreement, consent commitment letter relating to the Proposed Actions, modifications contemplated hereunder and waive is non-refundable. The Amendment Fee is due and payable in full upon the Existing Defaultsclosing of this Amendment.

Appears in 1 contract

Samples: Receivables Loan Agreement (Bluegreen Vacations Corp)

Amendment Fee. The In consideration of the willingness of the Lenders to enter into this Amendment, the Borrowers jointly and severally irrevocably agree to pay to the Agent and Agent, for the ratable benefit of the Lenders, a non-refundable amendment fee in cash, in the amount of $50,000, which amendment fee shall be deemed to have been fully earned by the Lenders on the date hereof an amendment fee in the amount of $20,000 as additional consideration for the Agent's this Amendment, and the Lenders agreement to amend the Agreement, consent which shall be charged to the Proposed Actions, and waive Borrower Account on the Existing Defaultsdate hereof.

Appears in 1 contract

Samples: And Security Agreement (Katy Industries Inc)

Amendment Fee. The In consideration of the amendment effectuated by this Agreement, the Borrowers jointly and severally agree to shall pay to the Agent and Agent, for the ratable benefit of the Lenders an amendment fee (the “Amendment Fee”) in an amount equal to 0.075% of the Revolving Credit Commitment. The Amendment Fee shall be payable on or before the date hereof an amendment fee in the amount of $20,000 as additional consideration for the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, shall be deemed fully earned and waive the Existing Defaultsnon-refundable when paid.

Appears in 1 contract

Samples: Second Modified and Restated Loan Agreement (Stanley-Martin Communities, LLC)

Amendment Fee. The Borrowers jointly and severally agree In consideration of the agreements set forth herein, Borrower agrees to pay to Agent, for the Agent and benefit of the Lenders on the date hereof an Lenders, a non-refundable amendment fee in the amount of $20,000 35,000 (the “Amendment Fee”), which fee is fully-earned as additional consideration for of and due and payable on the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultsdate of this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Infocus Corp)

Amendment Fee. The In consideration of the agreements of the Required Lenders hereunder, Borrowers jointly and severally agree to pay to Agent (for the Agent and account of the Lenders on the date hereof executing this Amendment) an amendment fee (the “Amendment Fee”) in the amount of 0.5% of the Total Commitment ($20,000 as additional consideration for 42,500). The Amendment Fee shall be payable in full in cash on the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultseffective date of this Amendment.

Appears in 1 contract

Samples: Capital Growth Systems Inc /Fl/

Amendment Fee. The Borrowers jointly and severally agree to pay to the Agent and the Lenders on the date hereof an amendment fee in the amount of $20,000 25,000 as additional consideration for the Agent's and the Lenders agreement to amend the Agreement, Agreement and consent to the Proposed Actions, and waive the Existing Defaults.

Appears in 1 contract

Samples: Loan and Security Agreement (Harolds Stores Inc)

Amendment Fee. The Borrowers jointly and severally agree In consideration of the agreements set forth herein, each Borrower hereby agrees to pay to the Agent Agent, for its sole and the Lenders on the date hereof separate account, an amendment fee in the aggregate amount of $20,000 200,000 (the “Amendment Fee”), which fee is non-refundable when paid and is fully-earned as additional consideration for of and due and payable on the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultsdate of this Amendment.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.)

Amendment Fee. The Borrowers jointly and severally agree In consideration for the agreements set forth herein, Borrower agrees to pay to Agent, for Agent’s benefit and for the Agent and the Lenders benefit of Lenders, an amendment fee of $25,000, which fee shall be (i) deemed fully earned on the date hereof an amendment fee in the amount of $20,000 as additional consideration for the Agent's and the Lenders agreement to amend the Agreementhereof, consent to the Proposed Actions(ii) non-refundable, and waive (iii) due and payable in full on the Existing Defaultsdate hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Banctec Inc)

Amendment Fee. The Borrowers jointly Upon the execution and severally agree to delivery of this Agreement ------------- by the Borrower and the Lenders, the Borrower shall pay to the Agent and Agent, for the Lenders on ratable benefit of the date hereof Lenders, an amendment fee in the amount of $20,000 as additional consideration for 40,000 ("Amendment Fee"), which fee shall be payable in immediately available funds and --------------- shall be fully-earned and nonrefundable upon such execution and delivery by the Agent's Borrower and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing DefaultsLenders.

Appears in 1 contract

Samples: Credit Agreement (Einstein Noah Bagel Corp)

Amendment Fee. The In consideration of the agreements of the Consenting Lenders set forth herein, Borrowers hereby agree, jointly and severally agree severally, to pay to Administrative Agent, for the Agent and ratable benefit of the Lenders on the date hereof Consenting Lenders, an amendment fee in the amount of $20,000 50,000 (the “Amendment Fee”), which fee is fully-earned as additional consideration for of and due and payable on the Agent's date of this Amendment and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultsis non-refundable once paid.

Appears in 1 contract

Samples: Credit Agreement (Crocs, Inc.)

Amendment Fee. The Borrowers jointly and severally agree In consideration of the agreements set forth herein, Borrower agrees to pay to Agent, for the Agent and benefit of the Lenders on the date hereof an Lenders, a non-refundable amendment fee in the amount of $20,000 $ (the “Amendment Fee”), which fee is fully-earned as additional consideration for of and due and payable on the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultsdate of this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Infocus Corp)

Amendment Fee. The Borrowers jointly and severally agree In consideration for the agreements set forth herein, Borrower agrees to pay to Agent, for Agent’s benefit and for the Agent and the Lenders benefit of Lenders, an amendment fee of $75,000, which fee shall be (i) deemed fully earned on the date hereof an amendment fee in the amount of $20,000 as additional consideration for the Agent's and the Lenders agreement to amend the Agreementhereof, consent to the Proposed Actions(ii) non-refundable, and waive (iii) be due and payable in full on the Existing Defaultsdate hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Banctec Inc)

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Amendment Fee. The Borrowers jointly and severally agree to pay to Agent, for the Agent and ratable benefit of the Lenders on the date hereof Lenders, an amendment fee in the amount of $20,000 14,200, payable on the earlier of February 11, 2005, or such earlier date as additional consideration for the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing DefaultsObligations shall be paid in their entirety.

Appears in 1 contract

Samples: Guaranteed Loan Agreement (Horizon Offshore Inc)

Amendment Fee. The In consideration of the agreements set forth herein, Borrowers jointly and severally agree to pay to Agent, for the ratable benefit of Agent and the Lenders on the date hereof Lenders, an amendment fee in the an amount of equal to $20,000 as additional consideration for the Agent's 262,500, which amendment fee shall be deemed fully earned and the Lenders agreement to amend the Agreement, consent to the Proposed Actionsnonrefundable upon Borrowers’ execution of, and waive the Existing Defaultsrelease of its signature pages to, this Amendment.

Appears in 1 contract

Samples: Credit and Security Agreement (Englobal Corp)

Amendment Fee. The As consideration for the Agent and the Lender entering into this Amendment, Borrowers jointly and severally agree to pay to the Agent and the Lenders on the date hereof an amendment fee in the amount of $20,000 as additional consideration for 15,000 on the Agent's date on which Borrowers execute and the Lenders agreement to amend the Agreement, consent deliver to the Proposed ActionsLender one or more counterparts of this Amendment and, and waive to facilitate such payment, hereby authorize the Existing DefaultsAgent to charge such amount as a Revolving Credit Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Collins Industries Inc)

Amendment Fee. The In consideration of the agreements set forth herein, Borrowers hereby agree to jointly and severally agree to pay to Agent for the Agent and benefit of the Lenders on the date hereof an amendment fee in the amount of $20,000 75,000 (the “Amendment Fee”), which fee is non-refundable when paid and is fully-earned as additional consideration for of and due and payable on the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultsdate of this Amendment.

Appears in 1 contract

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

Amendment Fee. The In consideration of the agreements set forth herein, Borrowers jointly and severally hereby agree to pay to Agent, for the Agent and benefit of the Lenders on the date hereof Lenders, an amendment fee in the amount of $20,000 100,000, which fee shall be fully earned as additional consideration for of and due and due and payable on the Agent's and First Amendment Effective Date. Borrowers hereby agree that Agent may, in its sole discretion, charge Borrowers’ Account with the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultsamount of such amendment fee in satisfaction thereof.

Appears in 1 contract

Samples: Credit and Security Agreement (Quantum Corp /De/)

Amendment Fee. The In consideration of the agreements set forth herein, Borrowers jointly and severally hereby agree to pay to Agent, for the Agent and benefit of the Lenders on the date hereof Lenders, an amendment fee in the amount of $20,000 400,000, which fee shall be fully earned as additional consideration for of and due and payable on the Agent's and Ninth Amendment Effective Date. Borrowers hereby agree that Agent may, in its sole discretion, charge Xxxxxxxxx’ Account with the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultsamount of such amendment fee in satisfaction thereof.

Appears in 1 contract

Samples: Credit and Security Agreement (Quantum Corp /De/)

Amendment Fee. The In consideration of the agreements set forth herein, Borrowers jointly and severally hereby agree to pay to Agent, for the Agent and the Lenders on the date hereof benefit of Lenders, an amendment fee in the amount of $20,000 200,000, which fee is non-refundable when paid and is fully-earned as additional consideration for of the Agent's Second Amendment Effective Date and the Lenders agreement to amend the Agreementdue and payable on November 8, consent to the Proposed Actions, and waive the Existing Defaults2017.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Quantum Corp /De/)

Amendment Fee. The In consideration of the agreements of the Lenders set forth herein, the Borrowers jointly and severally hereby agree to pay to the Agent and for the ratable benefit of the Lenders signatory hereto an amendment fee (the "Amendment Fee") on the date hereof in immediately available funds in an amendment fee amount equal to $75,000, which Amendment Fee shall be fully earned and nonrefundable on ​ the date hereof and which Amendment Fee is in addition to and not in replacement of any fees or expenses payable to Agent or any Lender under the amount of $20,000 as additional consideration for the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing DefaultsCredit Agreement or any other Loan Document.

Appears in 1 contract

Samples: Credit Agreement (FTS International, Inc.)

Amendment Fee. The Borrowers jointly As consideration for Agent and severally agree Lenders entering into this Amendment, Borrower hereby agrees to pay to Agent, for the Agent and the Lenders on the date hereof benefit of Lenders, an amendment fee equal to $125,000.00 (the “Amendment Fee”). The Amendment Fee is due and payable in full upon the amount closing of $20,000 as additional consideration for this Amendment. Borrower agrees that the Agent's Amendment Fee has been fully earned by Agent and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultsis non-refundable.

Appears in 1 contract

Samples: Receivables Loan Agreement (Bluegreen Vacations Corp)

Amendment Fee. The Borrowers jointly In consideration for Agent's and severally Lenders' willingness to consent to the Asset Sale, to waive the Designated Defaults and to enter into this Amendment, Borrower and Guarantors agree to pay to Agent, for the Agent and the Lenders Pro Rata benefit of Lenders, an amendment fee of $125,000, in immediately available funds, on the date hereof an amendment hereof, which fee in shall be non-refundable and fully earned as of the amount of $20,000 as additional consideration for the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultsdate hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Dixie Group Inc)

Amendment Fee. The In consideration of the amendments and waivers contained herein, the Borrowers hereby jointly and severally agree to pay to the Agent Agent, for its sole and the Lenders on the date hereof an separate account, a non-refundable amendment fee in the amount of $20,000 25,000 (the “Amendment Fee”). The Amendment Fee is fully-earned as additional consideration for of and due and payable on the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultsdate hereof.

Appears in 1 contract

Samples: Credit Agreement and Waiver (Magnetek Inc)

Amendment Fee. The In consideration of the agreements set forth herein, the U.S. Borrowers jointly and severally hereby agree to pay to Agent, for the Agent and ratable benefit of the Lenders on the date hereof Lenders, an amendment fee in the amount of $20,000 25,000 (the “Amendment Fee”), which fee is non-refundable when paid and is fully-earned as additional consideration for of and due and payable on the Agent's and the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaultsdate of this Amendment.

Appears in 1 contract

Samples: Loan and Security Agreement (Twist Beauty S.a r.l. & Partners S.C.A.)

Amendment Fee. The In consideration of the agreements set forth herein, Borrowers hereby agree to jointly and severally agree to pay to Agent for the Agent and ratable benefit of the Lenders on the date hereof Lenders, an amendment fee in the amount of $20,000 600,000 (the “Amendment Fee”), which fee is non-refundable when paid and is fully-earned as additional consideration for of the Agent's date of this Amendment and due and payable on November 1, 2022. Borrowers hereby authorize Agent to charge Borrowers’ Loan Account in full payment of such Amendment Fee on the Lenders agreement to amend the Agreement, consent to the Proposed Actions, and waive the Existing Defaults.due date therefor;

Appears in 1 contract

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

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