Common use of Facilitation Fee Clause in Contracts

Facilitation Fee. 14.1 The Lender may at any time, in its sole discretion, prior to the Longstop Date notify the Borrower in writing that the Facilitation Fee is now due and payable (the “Notification”) whereupon the Borrower shall pay to the Lender, within 2 Business Days of receipt of the Notification, the Facilitation Fee. 14.2 The Facilitation Fee shall be an amount equal to the greater of (i) 10% of the aggregate amount of all Tranches; and (ii) the Calculated Fee (where the “Calculated Fee” is the amount calculated in accordance with Clause 14.3). 14.3 The Calculated Fee shall be an amount determined as follows: 10% of the aggregate amount of all Tranches x ((P1/P0) – 1), where P0 = the 30 day volume weighted average share price of the Borrower on the date of this Loan Agreement, as derived from ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (the “P0 Date”), and where P1 = the closing share price of the Borrower on the day immediately preceding the date of the Notification, as shown on ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or ▇▇▇.▇▇▇▇▇▇.▇▇▇ (the “P1 Date”), plus an amount equal to any dividend or other payment made by the Borrower in respect of a share of the Borrower between the P0 Date and the P1 Date. 14.4 In the event that the Borrower undertakes any sub-division or consolidation of shares or any other reorganisation of its share capital between the P0 Date and the P1 Date (a “Reorganisation”) resulting in an adjustment to its share price and/or an adjustment to the amount of dividend or other payment made by the Borrower in respect of a share of the Borrower, such Reorganisation shall be deemed to have not taken place for the purpose of calculating the Facilitation Fee. 14.5 The Borrower undertakes that it will not, and will procure that each Group Company will not, take any action which has the effect of avoiding the payment of the Facilitation Fee to the Lender. 14.6 Notwithstanding any other provision of this Loan Agreement, this Clause 14 shall survive the cancellation of the Loan Facility and/or the termination of this Loan Agreement.

Facilitation Fee. 14.1 The Lender may at any time, in its sole discretion, prior to the Longstop Date notify the Borrower in writing that the Facilitation Fee is now due and payable (the “"Notification”") whereupon the Borrower shall pay to the Lender, within 2 Business Days of receipt of the Notification, the Facilitation Fee. 14.2 The Facilitation Fee shall be an amount equal to the greater of (i) 10% of the aggregate amount of all Tranches; and (ii) the Calculated Fee (where the “"Calculated Fee” " is the amount calculated in accordance with Clause 14.3). 14.3 The Calculated Fee shall be an amount determined as follows: 10% of the aggregate amount of all Tranches x ((P1/P0) – 1), where P0 = the 30 day volume weighted average share price of the Borrower on the date of this Loan Agreement, as derived from ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (the “"P0 Date”"), and where P1 = the closing share price of the Borrower on the day immediately preceding the date of the Notification, as shown on ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or ▇▇▇.▇▇▇▇▇▇.▇▇▇ (the “"P1 Date”"), plus an amount equal to any dividend or other payment made by the Borrower in respect of a share of the Borrower between the P0 Date and the P1 Date. 14.4 In the event that the Borrower undertakes any sub-division or consolidation of shares or any other reorganisation of its share capital between the P0 Date and the P1 Date (a “"Reorganisation”") resulting in an adjustment to its share price and/or an adjustment to the amount of dividend or other payment made by the Borrower in respect of a share of the Borrower, such Reorganisation shall be deemed to have not taken place for the purpose of calculating the Facilitation Fee. 14.5 The Borrower undertakes that it will not, and will procure that each Group Company will not, take any action which has the effect of avoiding the payment of the Facilitation Fee to the Lender. 14.6 Notwithstanding any other provision of this Loan Agreement, this Clause 14 shall survive the cancellation of the Loan Facility and/or the termination of this Loan Agreement.