FEES AND WARRANTS. Borrower shall pay Lender the following fees, and issue Lender the following warrants, which are in addition to all interest and other sums payable by Borrower to Lender under this Agreement, and are not refundable:
FEES AND WARRANTS. (a) The Company will issue and deliver to the persons listed on Exhibit A under the column heading "Warrant Holders", or to such other persons as the Purchaser shall otherwise designate (such named persons, as they may be so otherwise designated, being referred to as the "Warrant Recipients"), Warrants to purchase shares of Common Stock in the amounts designated on Exhibit A hereto in connection with the Offering (the "Warrants") pursuant to Section 1 hereof. The Warrants must be delivered on the Closing Date. The aggregate number of shares of Common Stock purchasable upon exercise of the Warrants granted on the Closing Date is set forth on Exhibit A hereto. A form of Warrant is annexed hereto as Exhibit C. The per share "Purchase Price" of Common Stock as defined in the Warrants shall be equal to the lesser of (i) 120% of the average of the three lowest closing prices of the Common Stock as reported by Bloomberg Financial for the Pink Sheets, the NASD OTC Bulletin Board, NASDAQ SmallCap Market, NASDAQ National Market, American Stock Exchange, or New York Stock Exchange (each of the foregoing the "Principal Market"), or such other principal market or exchange where the Common Stock is listed or traded, for the ten (10) trading days preceding but not including the Closing Date or (ii) 120% of the average of the three lowest closing prices of the Common Stock as reported by Bloomberg Financial on the Principal Market for the ten trading days prior to but not including the date the Warrant is exercised. All the representations, covenants, warranties, undertakings, and indemnification, and other rights made or granted to or for the benefit of Purchaser are hereby also made and granted to the holders of the Warrants in respect of the Warrants and shares of the Company's Common Stock issuable upon exercise of the Warrants (the "Warrant Shares").
FEES AND WARRANTS. On the Closing Date:
FEES AND WARRANTS. The Company shall have (i) paid the Guarantors' Fee and Participating Debenture Holders' Fee, and (ii) delivered to the Guarantors and Participating Debenture Holders the Standby Guaranty Warrants.
FEES AND WARRANTS. (a) The Company will issue and deliver to the persons listed on Exhibit A under the column heading "Warrant Holders", or to such other persons as the Purchaser shall otherwise designate (such named persons, as they may be so otherwise designated, being referred to as the "Warrant Recipients"), Warrants to purchase shares of Common Stock in the amounts designated on Exhibit A hereto in connection with the Offering (the "Warrants") pursuant to Section 1 hereof. The Warrants must be delivered on the Closing Date. The aggregate number of shares of Common Stock purchasable upon exercise of the Warrants granted on the Closing Date is set forth on Exhibit A hereto. A form of Warrant is annexed hereto as Exhibit C. The per share "Purchase Price" of Common Stock as defined in the Warrants shall be equal to $2.65. All the representations, covenants, warranties, undertakings, and indemnification, and other rights made or granted to or for the benefit of Purchaser are hereby also made and granted to the holders of the Warrants in respect of the Warrants and shares of the Company's Common Stock issuable upon exercise of the Warrants (the "Warrant Shares").
FEES AND WARRANTS. 4 (a) Closing Fee.....................................................4 (b)
FEES AND WARRANTS. Borrower shall pay Lender the following fees, which are in addition to all interest and other sums payable by Borrower to Lender under this Agreement, and are not refundable:
FEES AND WARRANTS. As compensation for GP's performance of its obligations pursuant to Section 1 hereof:
FEES AND WARRANTS. Borrower shall pay Lender the following fees, and Sparta shall issue Lender the following warrants, which are in addition to all interest and other sums payable by Borrower to Lender under this Agreement, and are not refundable:
FEES AND WARRANTS. (a) The Borrower shall pay to the Administrative Agent, for the ratable account of each Lender, a non-refundable fee (the "COMMITMENT FEE") on the aggregate daily unutilized portion of the Commitments from the Closing Date to and including the earlier of the termination of the Commitments or the Expiration Date, at the Commitment Fee Rate (computed on the basis of the actual number of days elapsed over a 360-day year), payable quarterly in arrears on each Quarterly Date, without setoff, deduction or counterclaim, with a final payment at the maturity of the Notes, whether by payment, prepayment, acceleration or otherwise.
