Investor Fees. The Investor Fees incurred through and including the Closing Date shall have been paid by Parent or the Company to the Investors (in such allocation among them as they may determine in their sole discretion);
Investor Fees. Company will not, and will not permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees or other amounts to or for the account of Investor or any Affiliate of Investor.
Investor Fees. Borrower will not, and will not permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees or other amounts to or for the account of any Investor or any Affiliate of any Investor except (a) pursuant to the Management Agreement as it exists on the Third Restatement Effective Date, provided that any and all amounts due, owing or payable thereunder, howsoever characterized (but excluding reimbursement for out of pocket expenses), shall not exceed the greater of (i) $300,000 per Fiscal Year of Borrower and (ii) an amount equal to 1.5% of Borrower’s EBITDA for the most recent period for which a Compliance Certificate was delivered to Agent pursuant to the terms of this Agreement; and provided, further that any amounts paid or payable by Borrower representing reimbursement for out of pocket expenses shall not exceed an amount equal to 30% of the amounts otherwise paid or payable under clauses (i) or (ii) above and (b) the IPO Fee.”
Investor Fees. No Borrower will, or will permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees (exclusive of up to $250,000 of fees paid to independent directors in any Fiscal Year) to or for the account of Investor or any Affiliate of Investor except, so long as no Event of Default is then continuing or would result therefrom, pursuant to the Management Agreement as it exists on the date hereof.
Investor Fees. No Credit Party shall, directly or indirectly, pay or become obligated to pay any fees or other amounts to or for the account of any Investor.
Investor Fees. Except as permitted pursuant to Section 6.2(d) of this Agreement, Borrower will not, and will not permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees or other amounts (other than all out of pocket expenses reasonably incurred).
Investor Fees. The Company shall not, and shall not permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any fees or other amounts to or for the account of any Investor except (i) so long as no Event of Default is then continuing or would result therefrom, pursuant to the Management Agreement and subject to the terms of the Investors Subordination Agreement, (ii) amounts payable to Capital Partners for investment advisory services rendered in connection with the Closing in an aggregate amount not to exceed $120,000, and (iii) distributions by the Company permitted pursuant to Section 8.04(a)(iv).
Investor Fees. Borrower will not, and will not permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees or other amounts to or for the account of any Investor or any Affiliate of such Investor except an aggregate amount which does not exceed $1,200,000 in any Fiscal Year, so long as: (i) no Event of Default of the type described in subsections 8.1(a), 8.1(b)(ii) (arising with respect to the failure of Borrower to satisfy certain of its covenants and agreements made under Article VI or the occurrence of any “Mandatory Redemption Event” described in the “Certificate of Designation” creating the Preferred Stock while any such Preferred Stock is outstanding), 8.1(f) or 8.1(g) is then continuing or would result therefrom, and (ii) Borrower has not failed to satisfy any of its covenants or other agreements made in subsections 4.1(a), (b), (c), (g)(i), (g)(iii), (l) or (m) (and such failure has continued for a period of forty five (45) days).
Investor Fees. No Borrower will, or will permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees or other amounts to or for the account of Investor or any Affiliate of Investor, except that so long as no Event of Default is then continuing or would result therefrom, Atlantic may make payments to Sterling Advisors, L.P. (i) of a $150,000 investment banking fee on the Closing Date, (ii) monthly base fees and expenses not in excess of the amounts set forth in the Consulting Agreement, as it exists on the date hereof and (iii) in respect of legal fees of Xxx Xxxxxxx for legal services rendered to Borrowers (a) prior to the Closing Date and (b) in an amount of up to $15,000 per fiscal year, for periods after the Closing Date.
Investor Fees. Except as disclosed on Schedule 3.15, Borrower will not, and will not permit any Subsidiary to, directly or indirectly, pay or become obligated to pay any management, consulting or similar advisory fees or other amounts to or for the account of any Affiliate of Borrower or Investor or any Affiliate of Investor except, so long as no Event of Default is then continuing or would result therefrom, the Dr. Obagi Payments and as required pursuant to the Management Agreements as they exist on the date hereof.
