Modification Fee. In consideration of Lender's willingness to modify the Credit Agreement as provided in this agreement, Borrowers will pay to Lender a fee in the amount of $325,000.00 (the "Modification Fee"), which Modification Fee is fully-earned as of the date of this Agreement, but which shall be payable on the earlier of: (i) termination of the Credit Facility; or (ii) January 31, 2010.
Appears in 1 contract
Sources: Forbearance Agreement and Amendment to Credit and Security Agreement (Nutracea)
Modification Fee. In consideration of Lender's willingness agreement to modify enter into this Amendment with Borrower and to provide Borrower with the Credit Agreement as provided in this agreementfinancial accommodations described herein, Borrowers will Borrower shall pay to Lender a modification fee in the amount of Twenty-Five Thousand Dollars ($325,000.00 (the "Modification Fee"25,000), which Modification Fee is fully-earned as of the date of this Agreement, but which . Such modification fee shall be payable on simultaneously with the earlier of: (i) termination execution hereof and shall be deemed fully earned at the time of the Credit Facility; or (ii) January 31, 2010payment.
Appears in 1 contract
Sources: Loan and Security Agreement (Krauses Furniture Inc)
Modification Fee. In consideration for the agreements of Lender's willingness to modify the Credit Agreement as provided in this agreementLender contained herein, Borrowers will Borrower shall pay to Lender a modification fee in the amount of $325,000.00 25,000 (the "Modification Fee"), which Modification Fee is fully-earned as of the date of this Agreement, but ) which shall be due and payable in full on the earlier of: (i) termination date hereof. At Lender's option, Lender may charge any portion of the Credit Facility; or (ii) January 31, 2010Modification Fee to Borrower as Revolving Loans.
Appears in 1 contract
Sources: Loan and Security Agreement (Impax Laboratories Inc)
Modification Fee. In consideration of the execution and delivery of this Agreement by Lender's willingness to modify the Credit Agreement as provided in this agreement, Borrowers will Borrower shall pay to Lender a loan modification fee in the amount of One Hundred Eighty-Seven Thousand Five Hundred Dollars ($325,000.00 187,500) (the "Modification Fee"), which Modification Fee is fully-earned as equal to 0.75% of the date original principal balance of this Agreement, but which the Loan. The Modification Fee shall be due and payable on upon the earlier of: (i) termination Closing Date. The full amount of the Credit Facility; or (ii) January 31, 2010Modification Fee shall be considered earned upon receipt and no portion of the Modification Fee shall be refundable to Borrower under any circumstances.
Appears in 1 contract
Modification Fee. In consideration of Lender's willingness to modify the Credit Agreement as provided in connection with this agreementAgreement, Borrowers Borrower will pay to Lender a modification fee in an amount equal to three-quarters of one percent (3/4%) of the amount unpaid principal balance of $325,000.00 (the "Modification Fee"), which Modification Fee is fully-earned Loan calculated as of the date of this Agreement, but which shall be payable on the earlier of: Amendment (i) termination "Modification Fee."). Lender acknowledges receipt of a portion of the Credit Facility; Modification Fee in the amount of $6,950.00 and Borrower agrees to pay the remaining balance of the Modification Fee ($33,250.04) to Lender on or (ii) January prior to December 31, 20102002.
Appears in 1 contract
Sources: Loan Modification Agreement (Capital Senior Living Corp)