Deferred Fee. This is paid for the exclusive use of your residence and your right to shared use of the Communal Amenities and Common Areas. It is calculated at 2.5% of the New Loan paid for the Residence or failing that the Outgoing Market Value of the Residence multiplied by number of elapsed Fee Days up to a maximum of 3,650 Fee Days and divided by 365. Hence the fee is capped at a maximum of 25% (after ten years residency) of the Outgoing Market Value or New Loan paid.
Deferred Fee. The Borrowers shall pay to the Facility Agent a non-refundable deferred fee (for the account of the Lenders pro-rata to their Commitments) on the Payment Date in relation to each Tranche in an amount equal to 2 per cent. of the utilised amount in respect of that Tranche. In this Clause 10.3 (Deferred Fee):
Deferred Fee. If the term of this Agreement is not extended by IWO pursuant to Section 5(a) hereof and is not terminated by USU, IWO will pay USU a deferred fee of $1,500,000.00 at the end of the term of this Agreement. If the term of the Agreement is extended by IWO pursuant to Section 5(a) hereof and is not terminated by USU, IWO will pay USU a deferred fee of $500,000.00 at the end of the extended term. This deferred fee shall be in lieu of any early termination fee provided in Section 4(f), and in no event will USU receive both an early termination fee and a deferred fee.
Deferred Fee. Borrower acknowledges and agrees that, in connection with Borrower becoming a wholly owned Subsidiary of ConversionPoint Technologies, Inc. ("Parent"), Borrower owes an aggregate fee in the amount of $400,000 with respect to Section 1.6 of each of the warrants issued by Borrower in connection with this Agreement (the "Deferred Fee"), and Lenders have agreed to defer the payment thereon. Borrower shall pay the Deferred Fee on the earlier of (i) the date the Advances are repaid in full or become due and payable, (ii) any Change in Control, or (iii) the a sale, lease or other disposition of all or a material portion of the assets of Borrower or Parent.
Deferred Fee. (a) The Borrowers shall pay to the Facility Agent a non-refundable deferred fee (for the account of the Lenders pro-rata to their Commitments);
Deferred Fee. Borrower shall pay to Agent, for the ratable benefit of the Revolving Lenders, a deferred fee (the "Deferred Fee") equal to $2,000,000, payable on the earliest to occur of (a) the effective date of a confirmed Bankruptcy Plan, (b) the sale of all or substantially all of the Properties of Borrower, (c) the repayment in full of all Obligations and the termination of all Revolving Loan Commitments, (d) the occurrence of an Event of Default in consequence of which Agent, Majority Lenders or Majority Term Lenders (to the extent permitted under Section 10.2(c)) elect to accelerate the maturity and payment of the Obligations, or (e) November 20,
Deferred Fee. The Borrower shall pay to the Agent for the ratable benefit of the Lenders a deferred fee (the "Deferred Fee") in the sum of $400,000 on March 31, 2003; provided that if the Borrower repays the Obligations in full on or before March 31, 2003, and the payment of the Obligations have not theretofore been accelerated due to the occurrence of an Event of Default (including, without limitation, a deemed acceleration as provided for in clause (A) of Section 7 below), then such Deferred Fee shall be waived. The Obligations with respect to any outstanding Letters of Credit shall, for purposes of this clause (g), be deemed repaid in full if the Borrower provides to the Administrative Agent a Back to Back LOC in favor of the Administrative Agent from a financial institution reasonably acceptable to the Administrative Agent in an amount sufficient to reimburse the Administrative Agent, the Issuing Lender and the Lenders for any fees accruing on, and drawings under, such Letters of Credit, and which Back to Back LOC is otherwise in form and substance reasonably satisfactory to the Administrative Agent. The Borrower acknowledges and agrees that the Deferred Fee has been fully earned, and is not subject to refund or rebate except as provided for herein, and shall be retained as a fee and not applied in reduction of the principal, interest or other amounts due in connection with the Loans.
Deferred Fee. The Borrower agrees to pay, on the first anniversary of the Effective Date, a deferred fee (the "Deferred Fee") to the Agent, for the benefit of the Agent and the Lenders. The Deferred Fee shall be payable for the account of the Agent (18.19%) and the ratable account of the Lenders (81.81%). The Deferred Fee shall be in an amount equal to $550,000 reducing $27,500 for each $1,000,000 increment by which Average Available Credit (as defined below) exceeds $60,000,000. No Deferred Fee shall be payable if Average Available Credit is
Deferred Fee. Within fifteen (15) days of the first to occur of (a) the first (1st) anniversary of the Effective Date or (b) the closing of an equity financing with a third party by Daré in which aggregate proceeds of at least Ten Million Dollars ($10,000,000) are raised (such date, the “Deferred Payment Trigger Date”), Daré shall pay Hammock a fee of Two Hundred Fifty Thousand Dollars ($250,000) (the “Deferred Fee”). The Deferred Fee may be paid either (a) in cash or (b) if Daré is then a publicly traded company, by delivery of freely transferrable shares of common stock of Daré (the “Shares”), with such choice being made in the sole discretion of Daré. In the event that Daré elects to pay the Deferred Fee in Shares, the number of Shares shall be determined by dividing $250,000 by the volume weighted average of the sale price for Daré common stock on its primary trading exchange during the fifteen trading day period immediately preceding the Deferred Payment Trigger Date; provided, however, that if the number of shares issued to Hammock would require stockholder approval under Nasdaq Rule 5635 (or any successor rule), then Daré may elect to deliver to Hammock that number of shares of common stock as will not require stockholder approval and, for the remainder, within ninety (90) days after the Deferred Payment Trigger Date either (i) pay the cash value thereof based on the volume weight average sale price referred to above or (ii) obtain stockholder approval and issue such remaining shares, in each case accompanied by interest on the CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. cash value thereof at the rate of 8% per annum from the Deferred Payment Trigger Date throught the issue or payment date (which interest shall be payable at Daré’s option in cash or, if stockholder approval is obtained, shares of common stock at the same valuation).
Deferred Fee. As a condition subsequent, Borrower shall have paid a monthly fee of $50,000, the first such monthly fee earned on the Modification Date and each subsequent monthly fee earned on the corresponding day (without regard for whether it is a Business Day) of each subsequent month that the Additional Loan (or any part thereof) remains outstanding and unrepaid (the "Deferred Fee"). The Deferred Fee shall be due at the earlier of when the Additional Loan is repaid and the Maturity Date (as set forth in Schedule 3, appended hereto as Exhibit I). For purposes of calculating the Deferred Fee, a month shall be considered to consist of 30 days. For example only, if the Modification Date were March 15, 2017, a fee of $50,000 would be due if the Loan is repaid on March 16, 2017, one day following the disbursement of the Additional Loan by PFG. If the Additional Loan were repaid on April 13, 2017, the Deferred Fee payable would still equal $50,000, but it were repaid on April 15, 2017, an additional $50,000 in Deferred Fee would be payable. The monthly amount of Deferred Fee shall be reduced pro rata to the extent that the Additional Loan is less than $300,000. For example, if Borrower raises only $150,000 in matching proceeds (as contemplated under Section 6.7), then the monthly Deferred Fee amount would be $25,000.
