Fourth Amendment Restructuring Fee Sample Clauses

Fourth Amendment Restructuring Fee. On the date hereof, the Borrower shall pay a restructuring fee of $2,000,000 (the “Restructuring Fee”) to the First Out Waterfall Lenders in the individual amounts set forth opposite such First Out Waterfall Lenders’ respective names on Schedule 2 hereof. The Borrower, in its sole discretion, may elect to pay the Restructuring Fee in cash by wire transferable to an account designated by the applicable First Out Waterfall Lender or in shares of Common Stock; provided, that, the Restructuring Fee shall be paid on the same basis to each of the First Out Waterfall Lenders. If the Borrower elects to pay the Restructuring Fee in shares of Common Stock, the Borrower shall, on the date hereof, electronically deliver to each First Out Waterfall Lender the number of shares of Common Stock set forth opposite such First Out Waterfall Lender’s name on Schedule 2 hereof, by crediting the account of such First Out Waterfall Lender’s prime broker with DTC through its Deposit/Withdrawal at Custodian system (such shares of Common Stock, collectively, the “Fourth Amendment Restructuring Shares”), which Fourth Amendment Restructuring Shares shall not bear or otherwise be subject to any restrictive legend.
Sample 1
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Related to Fourth Amendment Restructuring Fee

  • AMENDMENT AGREEMENT The Global Custody Agreement of January 3, 1994, (the “Custody Agreement”), as amended from time to time, by and between each of the Entities listed in Schedule A, as amended thereto, severally and not jointly (each such entity referred to hereinafter as the “Customer”) and JPMorgan Chase Bank, whose contracts have been assumed by JPMORGAN CHASE BANK (the “Bank”) is hereby further amended, as of April 29, 2010 (the “Amendment Agreement”). Terms defined in the Custody Agreement are used herein as therein defined.

  • First Amendment The Administrative Agent shall have received multiple counterparts as requested of the this First Amendment from each Lender.

  • Credit Agreement Amendment The Credit Agreement is hereby amended as follows:

  • Modifications to Current Agreement The Current Agreement is amended as follows:

  • Third Amendment The Administrative Agent shall have received multiple counterparts as requested of this Third Amendment from the Borrower and each Lender.

  • Second Amendment The Administrative Agent shall have received this Second Amendment, executed and delivered by the Administrative Agent, Holdings and the Borrower, and each Lender providing a term loan hereto.

  • Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Loan Agreement is hereby amended as follows:

  • Credit Agreement Amendments The Credit Agreement is hereby amended as follows:

  • Amendment to Existing Credit Agreement Subject to the occurrence of the Second Amendment Effective Date (as hereinafter defined), the Existing Credit Agreement is amended in accordance with this Article II.

  • THIRD AMENDED AND RESTATED CREDIT AGREEMENT This Agreement duly executed and delivered by the Borrower, the Administrative Agent, the Co-Syndication Agents, the L/C Issuer, each of the other Lenders and by each of the other parties listed on the signature pages hereof (or, in the case of any party as to which an executed counterpart shall not have been received, receipt by the Administrative Agent in form satisfactory to it of a facsimile or other written confirmation from such party of execution of a counterpart of this Agreement by such party).

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