Eleventh Amendment Fee. Borrower shall pay to Bank on or before September 26, 2016, a non-refundable amendment fee of Forty Thousand Dollars ($40,000) which has been fully earned by Bank as of December 4, 2014 (the “Eleventh Amendment Fee”). Notwithstanding the foregoing or anything to the contrary in the Loan Documents, in the event the Loan Agreement is terminated prior to the Revolving Line Maturity Date in accordance with Section 12.1 of the Loan Agreement, then in addition to the payment of the early termination fee (and any other fees and expenses then-owing) as more fully described in Section 12.1 of the Loan Agreement, Borrower shall pay the Eleventh Amendment Fee to Bank on the date of such termination; provided that no Eleventh Amendment Fee shall be charged if the credit facility under the Loan Agreement is replaced with a new facility from another division of Bank.
Eleventh Amendment Fee. The Borrowers shall pay to the Agent for the account of the Lenders, in accordance with their Pro Rata Shares, an amendment fee (the "Eleventh Amendment Fee") equal to $300,000, of which (a) $150,000 shall be due and payable on the Eleventh Amendment Effective Date, and (b) $150,000 shall be due and payable on the earlier to occur of December 15, 2012, and the date $250,000,000 of the aggregate principal amount of Indebtedness outstanding under the New Parent Term Loan Agreement is assumed by the MLP. The Borrowers agree that the Eleventh Amendment Fee has been fully earned as of the Eleventh Amendment Effective Date and that no portion of the Eleventh Amendment Fee shall be refundable for any reason whatsoever. DOC ID - 19211404.13
Eleventh Amendment Fee. An amendment fee in the amount of $5,000 (the “Eleventh Amendment Fee”), which amendment fee shall be fully earned and non-refundable as of the date hereof, and shall be charged to Borrower’s Loan Account on such date.”
Eleventh Amendment Fee. Notwithstanding anything to the contrary in that certain Eleventh Amendment to Loan and Security Agreement by and between Bank and Borrower dated as of December 4, 2014 (the “Eleventh Amendment”), Borrower hereby acknowledges and agrees that if Borrower, Malaysian Subsidiary and Bermuda Subsidiary fail to execute the Replacement Loan Documents, then Borrower shall pay the Eleventh Amendment Fee (as defined in the Eleventh Amendment) to Bank on September 25, 2015. For purposes of clarification, no Eleventh Amendment Fee shall be charged if the Replacement Loan Documents are executed by Borrower, Malaysian Subsidiary and Bermuda Subsidiary.
Eleventh Amendment Fee. The Borrower Representative and the other Loan Parties hereby agree to pay to the Administrative Agent for the accounts of each of the Lenders approving this Amendment, an amendment fee (“Eleventh Amendment Fee”) in an amount equal to ten (10) basis points times the aggregate amount of such Lender’s Total Credit Exposure, calculated after giving immediate effect to the reduction of the Floor Plan Commitments (including payments, if required, of Floor Plan Committed Loans), the termination of unused Delayed Draw Facility Commitments, and the repayment of the Term Loans, in each case as effected pursuant to this Amendment. The Eleventh Amendment Fee shall be due and payable on the Effective Date and as a condition precedent to this Amendment. Payment of the Eleventh Amendment Fee shall, upon receipt thereof by the respective recipient, be non-refundable and shall, upon payment, be the sole and absolute property of such recipient, as applicable. No portion of the payment on account of the Eleventh Amendment Fee, shall be applied or considered a payment of the Credit Party Expenses for which the Borrower Representative or any of the Loan Parties is obligated under the terms of the Credit Agreement or this Amendment.
Eleventh Amendment Fee. The Borrower agrees to reprice a total of 379,230 shares of the warrants dated October 30, 2002 and November 11, 2002 and held by the Lenders to $0.001 upon execution of this Eleventh Amendment in connection with the transactions contemplated herein.
Eleventh Amendment Fee. On the first Liquidity Date following the Eleventh Amendment Effectiveness Date, the Company shall pay to the Agent in cash or other immediately available funds, for distribution to each Bank based on its Pro Rata Share of the Term Loans, an amendment fee in an aggregate amount equal to $213,756.
Eleventh Amendment Fee. No later than January 14, 2005, pay to Agent, for the benefit of the Lenders on a pro-rata basis, an amendment fee in the amount of $15,000, which fee shall be fully earned on November 26, 2004, and non-refundable when paid.”
