Equity Fee. The Company shall pay to Cerberus a non-refundable standby equity fee of 1% of an amount equal to (x) $161,500,000 minus (y) the product of (i) $1.50 and (ii) the number of shares of Class A Common Shares of the Company purchased by the Purchasers pursuant to this Agreement on the Closing Date (the "Equity Fee") at the earlier to occur of (A) the Closing, (B) upon the consummation of the transactions contemplated by the Merger Agreement (whether or not the transactions contemplated by this Agreement are consummated, (C) the date on which the Company or any of the Company's officers, directors or affiliates (the "Company Representatives") enters into an agreement, arrangement or understanding (including without limitation a letter of intent or commitment letter (any such agreement, arrangement or understanding, an "Acceptance") with respect to any transaction relating to EXCO or any EXCO Subsidiary as a replacement for or instead of this Agreement (except to the extent such Acceptance was entered into after the Purchasers terminated this Agreement pursuant to Section 11(b)(iii) ) and (D) receipt of a Break-Up Fee.
Equity Fee. PSS shall receive warrants to purchase Common Stock (the "Warrants") equal to 10% of the shares underlying the transaction. Such Warrants shall have an exercise price equal to the price paid by the Investors at closing, shall contain standard anti-dilution, net exercise and registration rights provisions, and shall have an exercise period of 4 years.
Equity Fee. In addition, subsequent to the Closing Date, the Company shall issue to the Placement Agent shares of Common Stock with an aggregate value equal 0.5% of the gross proceeds of the Placement Agent Securities, which number of shares issued shall based on the conversion price set forth in the Notes.
Equity Fee. On the Transaction Effective Date, Ferroglobe shall issue (as fully paid ordinary shares) to, or at the direction of:
Equity Fee. On the Closing Date, the Loan Parties shall pay the Equity Fee to ACFS (and the Loan Parties hereby authorize the Agent to deduct from the sales of the Notes by the Loan Parties the unpaid amount of such Equity Fee);
Equity Fee. Company shall issue to Contractor shares (“Shares”) of Common Stock as follows:
Equity Fee. In lieu of full cash payment of the amounts due to CS under the Engagement Letter, CS agrees to receive $4,500,000, representing the amount due to CS under the Engagement Letter (the “Equity Fee”), in the form of shares of common stock, par value $0.0001 (the “Common Stock”), of the Company. The Company hereby agrees to issue to CS (and/or its designees) 450,000 shares of Common Stock (the “Shares”) as payment in full of the Equity Fee. CS acknowledges and agrees that upon issuance and receipt of the Shares, all obligations of the Company and its subsidiaries with respect to amounts due to CS under the Engagement Letter shall have been satisfied in full and no further obligation with respect to amounts due to CS under the Engagement Letter shall exist.
Equity Fee. The fees payable to MLV in connection with an Equity Transaction shall be negotiated in good faith based on the type of Equity Transaction consummated and shall be in accordance with general industry standards for such transaction.
Equity Fee. Sapinda acknowledges receipt prior to the execution of this Advisory Agreement of an Equity Fee previously paid by the Company to Sapinda through the issuance of 655 shares of the Company’s Series D Convertible Preferred Stock in April 2011 and of 2,550 shares of the Company’s Series D Convertible Preferred Stock in August 2011.
Equity Fee. The Company shall pay an equity fee to DMB Associates, Inc. ("DMB Associates"), an Affiliate of DMB, in an amount equal to one percent of all Capital Contributions and Optional Contributions made by DMB to the Company. The fees payable hereunder shall be paid as and when the applicable Capital Contributions and/or Optional Contributions are received by the Company.
