Exit Premium. Concurrently with any and all repayments of any principal of any Loan (including any portion thereof constituting capitalized PIK Interest and/or any fees Paid in Kind, including the Upfront Payment), whether pursuant to any scheduled (including on the Maturity Date or the Termination Date), voluntary (other than an Initial Draw Voluntary Prepayment) or mandatory (including as required pursuant to Section 5.3 or upon the acceleration of the Obligations pursuant to the occurrence of a Termination Event) payment or prepayment of the Loans, such payment or prepayment shall, in all cases, be accompanied by the payment, in cash, of a fee (the “Exit Premium”) in an amount equal to 5.00% of the amount of any such principal payment or prepayment on such date. Borrower and each Obligor expressly agree (to the fullest extent that it may lawfully do so) that: (A) the Exit Premium is reasonable and is the product of an arm’s-length transaction between sophisticated business people, ably represented by counsel; (B) the Exit Premium shall be payable notwithstanding the then prevailing market rates at the time payment is made; (C) the Exit Premium shall be deemed fully earned as of the Interim DIP Closing Date; and (D) Borrower and each Obligor shall each be estopped hereafter from claiming differently than as agreed to in this paragraph. Borrower and the Obligors expressly acknowledge that their agreement to pay the Exit Premium hereunder is a material inducement to the Lenders to provide the DIP Facility and the Commitments, and to make the Loans and enter into this Agreement.
Exit Premium. Each repayment or prepayment of any Term Loans shall be accompanied by an exit premium (the “Exit Premium”) in an amount equal to 7.50% of the aggregate principal amount of Term Loans so repaid or prepaid, whether such prepayment or repayment is optional or mandatory, whether occurring prior to or after an Event of Default, whether occurring upon acceleration or the Maturity Date or otherwise. The Exit Premium shall be payable in cash on the date of such repayment or prepayment of Term Loans. Notwithstanding anything to the contrary in the foregoing, (i) if the Required Initial Lenders participate in an Exit Financing, the Exit Premium due and payable to all Lenders shall be waived and (ii) the Exit Premium due to all Lenders may be waived in writing by the Required Initial Lenders in their sole discretion.
Exit Premium. Upon the earlier to occur of (i) the conversion or payment in full of the principal amount hereof and all accrued but unpaid interest hereunder and (ii) the Maturity Date, the Company shall pay to the Holder an amount equal five percent (5%) of the initial principal amount hereof.
Exit Premium. Each repayment or prepayment of any Advances shall be accompanied by an exit premium of 2.50% (the “Exit Premium”) of the principal amount of Advances so repaid or prepaid, whether such prepayment or repayment is optional or mandatory, whether occurring prior to or after an Event of Default or whether occurring upon acceleration or otherwise.
Exit Premium. Upon the closing in one or more transactions or series of transactions of a sale of all or substantially all of the Amyris Assets in accordance with the All Assets Bidding Procedures Order, the Borrowers shall pay to the Administrative Agent (for the account of the Lenders) a premium in cash (the “Exit Premium”) in an amount equal to 3.0% of the aggregate amount of all then outstanding Advances, together with accrued and unpaid interest on such amount and all fees and expenses due and payable hereunder, as of the closing date of such sale(s); provided that (i) such Exit Premium shall be approved by the Bankruptcy Court as part of the Final Order and shall be fully earned upon entry of the Final Order, but, for the avoidance of doubt, shall only be payable upon the closing in one or more transactions or series of transactions of a sale of all or substantially all of the Amyris Assets in accordance with the All Assets Bidding Procedures Order and (ii) the payment of such Exit Premium shall be structured in the most tax efficient manner for the Lenders so long as such tax structuring shall not be adverse in any material respect to the Obligors.
Exit Premium. On the Plan Effective Date and the Maturity Date, the Company agrees to pay to the Co-Administrative Agents, for the account of each DIP Creditor, an exit premium in an amount equal to 3.00% of the aggregate amount of such DIP Creditor’s outstanding Loans and/or Notes as of the Plan Effective Date (the “Exit Premium”), payable in cash on the earlier of the Plan Effective Date and the Maturity Date; provided that no Exit Premium shall be payable with respect to any Tranche A Loans and Tranche A Notes to the extent repayment thereof is offset with obligations owed in respect of any subscription for the purchase of equity in the reorganized Debtors on the effective date of an Acceptable Plan of Reorganization, as described in the first proviso to Section 2.11.
