Fourth Amendment Fee Sample Clauses

Fourth Amendment Fee. A fully earned and non-refundable fourth amendment fee in the amount of Twenty Five Thousand Dollars ($25,000.00), which shall become due and payable upon the earlier of: (i) the Maturity Date, (ii) the acceleration of any Term Loan, or (iii) the prepayment of a Term Loan pursuant to Section 2.2(c) or (d). 5. Effective upon the occurrence of the IP Lien Event, Section 5.2(d) of the Loan Agreement is hereby amended and restated as follows: (i) Each of Borrower’s and its Subsidiaries’ Copyrights, Trademarks and issued Patents are valid and enforceable and no part of Borrower’s or its Subsidiaries’ Intellectual Property has been judged invalid or unenforceable, in whole or in part, and (ii) to the best of Borrower’s knowledge, no claim has been made that any part of the Intellectual Property or any practice by Borrower or its Subsidiaries violates the rights of any third party except to the extent such claim could not reasonably be expected to have a Material Adverse Change. Except as noted on the Perfection Certificates, neither Borrower nor any of its Subsidiaries is a party to, nor is bound by, any material license or other material agreement with respect to which Borrower or such Subsidiary is the licensee that (i) prohibits or otherwise restricts Borrower or its Subsidiaries from granting a security interest in Borrower’s or such Subsidiaries’ interest in such material license or material agreement or any other property, or (ii) for which a default under or termination of could interfere with Collateral Agent’s or any Lender’s right to sell any Collateral. Borrower shall provide written notice to Collateral Agent and each Lender within ten (10) days of Borrower or any of its Subsidiaries entering into or becoming bound by any license or agreement with respect to which Borrower or any Subsidiary is the licensee (other than over the counter software that is commercially available to the public). 6. Effective upon the occurrence of the IP Lien Event, Section 6.2(a)(vii) of the Loan Agreement is hereby amended and restated in its entirety as follows: prompt notice of (A) any material change in the composition of the Intellectual Property, (B) the registration of any copyright, including any subsequent ownership right of Borrower or any of its Subsidiaries in or to any copyright, patent or trademark, including a copy of any such registration (provided that notice of any new patent or trademark with the next-due Compliance Certificate shall be deemed sufficien...

Fourth Amendment Fee. An amendment fee in the amount of $100,000 (the "Fourth Amendment Fee"), which amendment fee shall be fully earned on the Fourth Amendment Effective Date, shall be distributed ratably among the Lenders in accordance with their respective Pro Rata Shares, and shall be charged to Borrowers' Loan Account on such date." (f) Section 3.4 of the Loan Agreement is hereby amended and restated in its entirety as follows:

Fourth Amendment Fee. The Borrower shall pay to the Administrative Agent for the ratable distribution to the Lenders an amendment fee (the “Fourth Amendment Fee”) in the aggregate amount of [REDACTED: Amount], which Fourth Amendment Fee shall be fully earned on July 28, 2023, and due and payable on October 31, 2023.” (e) Section 6.1 of the Credit Agreement is hereby amended by adding a new Section 6.1.12 as follows:

Fourth Amendment Fee. On the Fourth Amendment Date, a fully earned and non-refundable fee in the amount of Twelve Thousand Five Hundred Dollars ($12,500.00).

Fourth Amendment Fee. The Borrowers jointly and severally agree to pay to the Agent for the account of the Lenders an additional fee (the "Fourth Amendment Fee") in the amount of $100,000, $50,000 of which fee shall be payable on the Fourth Amendment Date and the balance of which shall be payable on August 1, 2005.

Fourth Amendment Fee. The Fourth Amendment Guaranty Fee shall be equal to the sum of: (i) the product of: (A) the Fourth Amendment Average Daily Loan Balance (as defined herein), multiplied by (B) the product of (1) ten percent (10%) multiplied by (2) the Fourth Amendment Usage Percentage (as defined herein), plus (ii) the product of: (A) the Maximum Fourth Amendment Loan Amount (as defined herein), multiplied by (B) the product of (1) ten percent (10%) multiplied by (2) the Fourth Amendment Maximum Loan Fee Usage Percentage (such portion of the Fourth Amendment Fee being the “Fourth Amendment Maximum Loan Fee”).

Fourth Amendment Fee. The Borrower agrees to pay to the Agent for the account of each Bank, as consideration for such Bank's agreements under the Fourth Amendment, a nonrefundable fee equal to three-fortieths of one percent (3/40%) of such Bank's Commitment, payable on the Fourth Amendment Effective Date (the "Fourth Amendment Fee").

Fourth Amendment Fee. An amendment fee equal to Seventy Thousand Dollars ($70,000) (the “Fourth Amendment Fee”) which shall be nonrefundable, due on the earliest to occur of (a) the Term Loan Maturity Date, or (b) the acceleration of any Term Loan, or (c) the prepayment of a Term Loan pursuant to Section 2.2(c) or (d).” 4.3 New Subsection (g) of Section 2.6 of the Loan Agreement hereby is added to the end of Section 2.6 of the Loan Agreement to read as follows:

Fourth Amendment Fee. On the earlier of (a) May 31, 1999 and (b) the collection of a receivable from the Italian Air Force III "Italian Military Authorities Purchase Order No. 11/3443-II/4653/2" (which receivable is valued at $4,782,810), the Borrower shall pay to the Agent for the ratable benefit of the Lenders a fee equal to 0.25% of the total Commitments existing as of April 30, 1999 (after the reduction of the Revolving Credit Commitments as set forth in Section 2.10(f) hereof), as consideration for the Lenders' agreements as set forth in the Fourth Amendment dated as of April 30, 1999 to this Amended Agreement."