Forbearance Fee Clause Samples

Forbearance Fee. Upon execution and delivery by Borrower to GECC of this Amendment, an amount equal to Twenty-Five Thousand And No Hundredths Dollars ($25,000.00) as a forbearance fee and in partial consideration for GECC’s agreement to enter into this Agreement (the “Forbearance Fee”) shall be fully earned by GECC. The Forbearance Fee shall be due and payable by Borrower in two installments as follows: (i) Fifteen Thousand And No Hundredths Dollars ($15,000.00) upon execution and delivery of this Agreement by Borrower to GECC, and (ii) Ten Thousand And No Hundredths Dollars ($10,000.00) on November 30, 2005, provided however, that in the event GECC receives indefeasible payment in full of all of the CF Obligations and the EF Obligations prior to November 30, 2005, and has no further obligation to fund or otherwise extend credit to Borrower, then: (A) the amount of the Forbearance Fee shall be reduced to $15,000.00, and (B) Borrower shall not be required to pay the second installment of $10,000.00. Borrower hereby authorizes and instructs GECC to make advances under the Loan Agreement to pay the Forbearance Fee when due, and each such advance shall constitute a Revolving Credit Loan (as that term is defined in the Loan Agreement). Borrower hereby acknowledges and agrees that: (i) the Forbearance Fee shall constitute a portion of the CF Obligations owing from Borrower to GECC under the provisions of the Loan Agreement and the other Loan Documents secured by the Collateral.

Forbearance Fee. The Obligors hereby jointly and severally agree to pay to Lender the sum of $15,000.00 as a Forbearance Fee (the "Forbearance Fee"), such Forbearance Fee to be due and payable on March 15, 2002. The parties agree that the Forbearance Fee is fully earned on the date hereof.

Forbearance Fee. (a) In consideration of the forbearance by Lender under this Agreement and the waiver of the Existing Defaults and for other valuable consideration, the receipt and sufficiency of which are acknowledged, Borrower agrees to pay to Lender a Forbearance/Waiver Fee calculated as follows, and due on or before the earlier of the following (the “Deferral Date”): (i) the termination of the Forbearance Period, (ii) the cure of the Deficiency, or (iii) the refinance of the Revolving Note by another lender: (i) Forbearance/Waiver Fee under the First Forbearance Agreement in the amount of $553,666.67; plus (ii) Forbearance/Waiver Fee under the Second Forbearance Agreement in the amount of $723,666.33; plus (iii) Forbearance/Waiver Fee under the Third Forbearance Agreement in the amount of $1,189,259.24; plus INFINITY ENERGY RESOURCES, INC. December 4, 2009 Page 9 of 18 (iv) A Forbearance/Waiver Fee shall be due for each month from June 1, 2009 through the end of the Forbearance Period, inclusive, calculated as one percent (1.0%) of the average daily outstanding principal balance on the Revolving Note for the month as of the last day of each of those months (or as of the Deferral Date if such occurs during any month). Except as set forth below, the Forbearance/Waiver Fees and all other fees are non-refundable and earned by Lender upon execution of this Agreement. (b) If on or before January 31, 2010, the Revolving Note and all other fees and obligations under this Agreement and the Loan Agreement are paid in full, and all outstanding Letters of Credit, including the Nicaragua Letters of Credit, are terminated or cash secured to Lender’s satisfaction, then Lender hereby agrees to waive one-half of the Forbearance/Waiver Fees accrued, but unpaid, under Subsection (a) above. (c) If any cash equity contribution to Borrower is deposited into the Lockbox Account for the purpose of paying the monthly interest payments due under this Forbearance Agreement, then Borrower shall receive a credit to the Forbearance/Waiver Fees accrued, but unpaid, under Subsection (a) above, equal to three hundred percent (300%) of the amount of the equity contribution used for the purpose of paying the monthly interest payments due under this Forbearance Agreement, up to the full amount of the Forbearance/Waiver Fees accrued, but unpaid, under Subsection (a) above. (d) Borrower may make a written proposal to Lender regarding the payment of the Forbearance/Waiver Fees due under this Section by (i)...

Forbearance Fee. Borrower shall have paid pro rata to the Lenders a forbearance fee in the aggregate amount of $25,000;

Forbearance Fee. The Forbearance Fee set forth in the Amended Forbearance dated June 7, 2002 (the "Initial Forbearance Fee"), remains in effect unaltered by this Fifth Amendment except as to the dates on which the payment of such fee is due as set forth above. Due to the extent of the forbearance requested by Operating PCG and the Guarantors, the parties agree that in partial consideration for the agreements of ▇▇▇▇▇▇ Capital hereunder there shall be a "Second Forbearance Fee" payable with respect to this Fifth Amendment as follows (the Initial Forbearance Fee and the Second Forbearance Fee, collectively the "Forbearance Fees"): (a) On the last day of each month from November 30, 2002 through and including June 30, 2003, unless all amounts due under the Note and with respect to Security Documents, the Forbearances and all other Transaction and Assumption Documents are paid in full on or before each such date, there shall accrue a forbearance fee of $25,000 for each such month of this forbearance payable by Operating PCG and/or the Guarantors to ▇▇▇▇▇▇ Capital (the Second Forbearance Fee shall not continue to accrue after such payment in full); provided, however (i) If payment in full of all amounts now or hereafter due under the Note, the Forbearances, the Security Documents, and any other of the Transaction and Assumption Documents is made on or before March 31, 2003, ▇▇▇▇▇▇ Capital agrees that as a prepayment discount it will waive all four months of the Second Forbearance Fee accruing before the date of such payment in full and, combined with the months of the fee avoided by such prepayment, no Second Forbearance Fee shall be due; (ii) If payment in full of all amounts now or hereafter due under the Note, the Forbearances, the Security Documents, and any other of the Transaction and Assumption Documents is made on or before April 30, 2003, ▇▇▇▇▇▇ Capital agrees that as a prepayment discount it will waive three months of the Second Forbearance Fee accruing before the date of such payment in full and, combined with the months of the fee avoided by such prepayment, two months of the Second Forbearance Fee (or $50,000.00) will remain due and payable at the time of such prepayment; (iii) If payment in full of all amounts now or hereafter due under the Note, the Forbearances, the Security Documents, and any other of the Transaction and Assumption Documents is made on or before May 31, 2003, ▇▇▇▇▇▇ Capital agrees that as a prepayment discount it will waive two months of the Se...

Forbearance Fee. In consideration of the agreement of the Agent and the Lenders to enter into this Agreement and hereby conditionally forbear from exercising their available Default Rights and Remedies throughout the Forbearance Period, the Borrower shall pay to the Agent, for the ratable benefit of the Lenders, a one-time forbearance fee in the amount of $25,000 (the “Forbearance Fee”). The Forbearance Fee shall be fully-earned, non-refundable and due and payable in one lump sum on the date of this Agreement. The Borrower and the Parent Guarantor acknowledge and agree that the Agent shall effect payment of the Forbearance Fee when due by charging the full amount thereof to the Borrower’s Revolving Loans account.

Forbearance Fee. The Obligors hereby renew and affirm their ---------------- obligation to pay a forbearance fee in an amount equal to Four Hundred Fifty Thousand Dollars ($450,000), which fee was fully earned and non-refundable upon execution and delivery of the Forbearance Agreement, is included as part of the Indebtedness of Obligors to Lender under the Credit Agreement and shall be charged as a Revolving Advance under the Credit Agreement upon the earlier of (a) the occurrence of a Termination Event or (b) payment of the Indebtedness.

Forbearance Fee. As a material inducement and partial consideration for Lender’s agreement to enter into this Agreement, and in exchange for the Forbearance, ▇▇▇▇▇▇’s fees incurred in preparing this Agreement, and ▇▇▇▇▇▇’s other accommodations set forth herein, Borrower agrees to pay to Lender a forbearance fee equal to ten percent (10%) of the Outstanding Balance (the “Forbearance Fee”). The Forbearance Fee will be added to the Outstanding Balance upon ▇▇▇▇▇▇▇▇’s execution of this Agreement.

Forbearance Fee. Upon this forbearance becoming effective, Borrowers jointly and severally agree to pay on a pro rata basis to the Lenders who consent and deliver their consent to this forbearance letter on or before April 3, 2006 (the "Consenting Lenders"), a fee for agreeing to the Forbearance in an amount equal to one- half of one percent (0.50%) of the Commitments (the "Forbearance Fee"), which Forbearance Fee shall be fully earned by the Consenting Lenders upon execution of this forbearance letter by the Requisite Lenders (the "Execution Date"). Half of the Forbearance Fee (0.25%) shall be due and payable upon the Execution Date. The remaining 0.25% of the Forbearance Fee (the "Remaining Forbearance Fee") shall be payable upon the earlier of (a) 30 days after the Execution Date or (b) the date on which all amounts due and payable to the Lenders under the Credit Agreement and the other Loan Documents have been indefeasibly paid in full. Borrowers shall have a ten-day grace period after the occurrence of (a) or (b) to pay the Remaining Forbearance Fee. The Administrative Agent shall collect the fee on behalf of the Lenders and shall pay each Consenting Lender its pro rata share of the fee. Amounts collected and not distributed to Consenting Lenders shall be credited to Borrowers' account. The Remaining Forbearance Fee shall be waived if an amendment to the Credit Agreement is executed.