Fees and Retainers Sample Clauses

Fees and Retainers. The Company agrees to pay the reasonable fees, costs and expenses of (i) Xxxxxxx Xxxx & Xxxxx LLP (“Xxxxxxx”), legal counsel for the Noteholders, (ii) Delaware counsel (“Local Counsel”), Canadian legal counsel (“Canadian Counsel”) and counsel in the United Kingdom, Germany and Japan (“Collateral Perfection Counsel”) to assist with perfection of stock pledges contemplated under the Plan for the Noteholders; (iii) Xxxxxxxx Xxxxx Xxxxxx & Xxxxx Capital, Inc. (“Xxxxxxxx Xxxxx”), financial advisor for the Noteholders and (iv) if not paid on or before the date hereof, up to an additional $50,000 for Duff & Xxxxxx in connection with solvency opinions, all of which shall be payable regardless of whether the Restructuring is consummated. In furtherance of the foregoing, the Company has provided by wire transfer (A) to Xxxxxxx, Local Counsel, Canadian Counsel and Xxxxxxxx Xxxxx all invoiced fees and expenses incurred through the Petition Date; (B) the following retainers (“Retainers”) to: (i) Xxxxxxx the sum of $525,000 as a retainer (but not as a cap) for invoiced fees and expenses incurred after the Petition Date, with any such amount in excess of the invoiced fees and expenses being returned to the Company upon the earlier to occur of the Termination Date and the Plan Effective Date; (ii) Local Counsel, the sum of $75,000 as a retainer (but not as a cap) for invoiced fees and expenses incurred after the Petition Date, with any such amount in excess of the invoiced fees and expenses being returned to the Company upon the earlier to occur of the Termination Date and the Plan Effective Date; and (iii) Xxxxxxxx Xxxxx the sum of $400,000 as a retainer (but not as a cap) for invoiced fees and expenses incurred after the Petition Date, with any such amount in excess of the invoiced fees and expenses being returned to the Company upon the earlier to occur of the Termination Date and the Plan Effective Date. After the full application of Retainers, the Debtors shall pay approved invoices of Xxxxxxx, Local Counsel, Canadian and Collateral Perfection Counsel (collectively, the “NH Legal Counsel”) and Xxxxxxxx Xxxxx for professional fees and expenses (net of any good faith disputes which shall be resolved pursuant to section 6(b) herein) no later than 30 days after receipt of such invoice.
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Related to Fees and Retainers

  • Fees and Commissions The fees and commissions that apply to your account are set out in the information box and disclosure statement. You agree to pay the fees and commissions and authorize us to charge them to your account. We reserve the right to change the circumstances in which any of the fees or commissions on your account is charged and the amount of those fees or commissions. You agree that we may impose additional fees and commissions at any time. We will provide notice of any changes or additional fees and commissions if required by applicable law and in accordance with the “Changes” section of this agreement.

  • Fees and Compensation Managers and Officers may receive such compensation and fees, if any, for their services, and such reimbursement for expenses, as may be determined by resolution of the Board.

  • Fees Registry Operator must pay, or have paid on its behalf, fees to the Escrow Agent directly. If Registry Operator fails to pay any fee by the due date(s), the Escrow Agent will give ICANN written notice of such non-­‐payment and ICANN may pay the past-­‐due fee(s) within fifteen (15) calendar days after receipt of the written notice from Escrow Agent. Upon payment of the past-­‐due fees by ICANN, ICANN shall have a claim for such amount against Registry Operator, which Registry Operator shall be required to submit to ICANN together with the next fee payment due under the Registry Agreement.

  • Directors’ Fees and Expenses All compensation of directors, other than those affiliated with the Manager, and all expenses incurred in connection with their service;

  • Other Fees and Expenses Borrower shall pay to Agent, for its own account, all charges for returned items and all other bank charges incurred by Agent, as well as Agent's standard wire transfer charges for each wire transfer made under this Agreement.

  • Legal Fees and Costs In the event a party elects to incur legal expenses to enforce or interpret any provision of this Agreement by judicial proceedings, the prevailing party will be entitled to recover such legal expenses, including, without limitation, reasonable attorneys’ fees, costs, and necessary disbursements at all court levels, in addition to any other relief to which such party shall be entitled.

  • Other Fees and Charges Additional fees (including but not limited to, property taxes, fuel surcharges, interest fees, license fees, and late payment fees except where permitted by section 215.422(3)(b), F.S.) or fees not permitted elsewhere in the Contract are prohibited. Contract Exhibit B ADDITIONAL SPECIAL CONTRACT CONDITIONS The sections of the Special Contract Conditions referenced below are replaced in their entirety or added as follows:

  • COMPENSATION; EXPENSES (a) In consideration of the foregoing, the Advisor shall pay the Sub-advisor, with respect to the Fund, a fee as specified in Appendix B hereto. Such fees shall be accrued by the Advisor daily and shall be payable monthly in arrears on the first business day of each calendar month for services performed hereunder during the prior calendar month. If fees begin to accrue in the middle of a month or if this Agreement terminates before the end of any month, all fees for the period from that date to the end of that month or from the beginning of that month to the date of termination, as the case may be, shall be prorated according to the proportion that the period bears to the full month in which the effectiveness or termination occurs. Upon the termination of this Agreement with respect to the Fund, the Advisor shall pay to the Sub-advisor such compensation as shall be payable prior to the effective date of termination.

  • Fees and Costs As part of the Appeal Panel Award, the Appeal Panel is hereby directed to require the losing party (the party being awarded the least amount of money by the arbitrator, which, for the avoidance of doubt, shall be determined without regard to any statutory fines, penalties, fees, or other charges awarded to any party) to (a) pay the full amount of any unpaid costs and fees of the Arbitration and the Appeal Panel, and (b) reimburse the prevailing party (the party being awarded the most amount of money by the Appeal Panel, which, for the avoidance of doubt, shall be determined without regard to any statutory fines, penalties, fees, or other charges awarded to any part) the reasonable attorneys’ fees, arbitrator and Appeal Panel costs and fees, deposition costs, other discovery costs, and other expenses, costs or fees paid or otherwise incurred by the prevailing party in connection with the Arbitration (including without limitation in connection with the Appeal).

  • Certain Fees and Expenses (a) Provided that the Fund is not in material breach of its obligations under this Agreement, if the Merger is not consummated for failure of the condition to Closing contained in Section 7.1(f) to be satisfied and, as a result of such failure, CNLRP is obligated to pay the Company a break-up fee pursuant to the terms of the CNLRP Merger Agreement, the Company shall pay to the Fund as follows: (i) if the Fund has waived the condition to Closing contained in Section 7.1(f) and elected to proceed with the Merger, the Company shall pay to the Fund an amount equal to $8,000,000, multiplied by a fraction, the numerator of which shall be the value of the Merger Consideration and the denominator of which shall be the value of the Aggregate Merger Consideration; and (ii) if the Fund has not waived the condition to Closing contained in Section 7.1(f) and the Merger is not consummated, the Company shall pay to the Fund an amount equal to $5,000,000, multiplied by a fraction, the numerator of which shall be the value of the Merger Consideration and the denominator of which shall be the value of the Aggregate Merger Consideration.

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