Consent Payment Clause Samples
Consent Payment. Within one business day after the earlier of (a) the date on which the Company has received: (i) the consent of the Majority Lenders (as defined in the Credit Agreement) under the Credit Agreement to make the payments required hereunder and (ii) requisite consents from holders of its Senior Notes in order to effect the proposed waivers under the Senior Note Indenture similar to the Waivers and (b) the date on which the Company and the Trustee have entered into a Supplemental Indenture to effect the Waivers granted in the Consent Solicitation, Bally will instruct its transfer agent to deliver to the Holder 4.4444 shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”), in each case per $1,000 in principal amount of Notes (the “Consent Fee”). In addition, if Bally does not comply with the covenants set forth in Sections 7.4 and 10.17 of the Indenture with respect to the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2006 by September 11, 2006, Bally will have the option to extend the Waiver Expiration Date with respect to such Quarterly Report to October 11, 2006 for an additional payment to Holder, at its election, of: (1) $3.33; or (2) 1.4815 shares of Common Stock, in each case per $1,000 in principal amount of Notes (the “Additional Fee”). Fractional shares that would otherwise be issuable will be rounded to the nearest whole number, with fractions equal to or greater than 0.5 being rounded up and fractions less than 0.5 being rounded down.
Consent Payment. The Administrative Agent shall have received from the Borrower a consent payment payable in Dollars for the account of each Lender that has returned an executed signature page to this Amendment to the Administrative Agent at or prior to 12:00 p.m., New York City time on September 19, 2014 (the “Consent Deadline” and each such Lender, a “Consenting Lender”) equal to (i) 0.05% of the aggregate principal amount of the Term B Loans and (ii) 0.125% of the aggregate principal amount of the Existing Revolving Facility Commitments held by such Consenting Lender as of the Consent Deadline with respect to which a consent was delivered.
Consent Payment. In consideration of the foregoing Sections 2 and 3, the Company shall pay a consent payment equal to $75,000 to the Holder within 2 Trading Days after the date hereof.
Consent Payment. Notwithstanding anything to the contrary in the Loan Agreement or Mortgage, in consideration of Lender providing its consent in Section 2.1 and entering into any SNDA contemplated by Section 2.1, if Lessee elects to extend the term of the Lease by exercising its right to require the parties thereto to enter into an Option Lease and there are outstanding amounts due to Lender under the Loan Agreement,
(a) upon the execution of the Option Lease by the parties thereto, Borrower shall pay Lender a fee in the amount of one hundred thousand dollars ($100,000.00) and such amount shall not be credited against the outstanding amounts due to Lender under the Loan Agreement;
(b) following receipt by Borrower of any royalty payments under the Option Lease with respect to oil and gas produced from the minerals and mineral rights leased pursuant to the Option Lease, Borrower shall pay Lender, on or before the date twenty (20) days following the end of each calendar quarter, twenty five percent (25%) of such royalty payments received by Borrower during such calendar quarter and such amount shall be credited against the outstanding amounts due to Lender under the Loan Agreement; and
(c) other than as required by Sections 2.2(a) and 2.2(b), no payments shall be required to be made by Borrower to Lender in connection with the Option Lease.
Consent Payment. In consideration for the covenant set forth in Section 1(a) above, the Company agrees to pay JPM, JPC and Juniper the amounts (the “Consent Payment”) set forth opposite their respective names below, such amount to be payable on the earlier of (x) the occurrence of a Liquidation Event or Deemed Liquidation Event or (y) July 25, 2020 (the “Consent Payment Date”) by wire transfer of cash in immediately available funds to an account designated in writing by JPM, JPC and Juniper to the Company at least three Business Days in advance of the Consent Payment Date: JPM $1,800,015.00 JCP $ 420,957.57 Juniper $ 417,049.43
Consent Payment. Notwithstanding anything to the contrary in the Loan Agreement or Mortgage, in consideration of Lender providing its consent in Section 1.1 and entering into the SNDA contemplated by Section 1.1,
(a) upon execution and delivery of this Agreement by the parties thereto, Borrower shall pay Lender a fee in the amount of one hundred thousand dollars ($100,000.00) and such amount shall not be credited against the outstanding amounts due to Lender under the Loan Agreement;
(b) following receipt by Borrower of any royalty payments under the Lease with respect to oil and gas produced from the Leased Premises, Borrower shall pay Lender, on or before the date twenty (20) days following the end of each calendar quarter, twenty five percent (25%) of such royalty payments received by Borrower during such calendar quarter and such amount shall be credited against the outstanding amounts due to Lender under the Loan Agreement; and
(c) other than as required by Sections 1.2(a) and 1.2(b), no payments shall be required to be made by Borrower to Lender in connection with the Lease.
Consent Payment. In consideration of the waiver and amendments set forth herein, the Company agrees to pay to the Investor $2,000,000, in U.S. dollars and immediately available funds (or in such other form as may be mutually agreed in writing), by no later than April 25, 2024.