Payment of Certain Fees. 73 ARTICLE X
Payment of Certain Fees. (a) If this Agreement is terminated by Parent in accordance with Section 9.1(b)(1), 9.1(b)(2)(A)(w), 9.1(b)(2)(A)(y), 9.1(b)(2)(B) (unless related to a resolution to take any of the actions set forth in Section 9.1(b)(2)(A)(x), in which case Section 9.3(c) shall apply) or 9.1(b)(3) hereof or by the Company pursuant to Section 9.1(c), then the Company shall (A) reimburse Parent for all of its Expenses and (B) pay to Parent in immediately available funds a termination fee in an amount equal to U.S.$7 million less Expenses paid or payable by the Company (the "TERMINATION FEE").
Payment of Certain Fees. If and to the extent provided in the Terms Indenture for any Series, the Indenture Trustee will be authorized and directed to pay out of the Bond Account for such Series, prior to making payments on the Bonds, the fees and expenses of the Owner Trustee in accordance with the related Deposit Trust Agreement, the fees of any of the Persons referred to in Section 3.09(b) assisting the Issuer with respect to such Series and the fees of any Rating Agency assigning a rating to the Bonds of such Series. Otherwise, the Issuer or another party will be responsible for such fees.
Payment of Certain Fees. (a) Notwithstanding any provision in this Agreement to the contrary and without limiting the charges that may be levied under this Agreement the Customer agrees to pay:
Payment of Certain Fees. The Issuer shall have paid to Prudential or any Purchaser, as applicable, any fees due it pursuant to or in connection with this Agreement, including any Issuance Fee due pursuant to paragraph 2H(1) and any Delayed Delivery Fee due pursuant to paragraph 2H(2).
Payment of Certain Fees. (a) If this Agreement is terminated by Parent in accordance with Section 10.1(b)(ii) or 10.1(b)(iii) by the Company pursuant to Section 10.1(c)(i), then the Company shall pay to Parent a termination fee in an amount equal to U.S. $5,400,000 (the "TERMINATION FEE").
Payment of Certain Fees. (a) If this Agreement is terminated by Parent in accordance with Section 10.4(b) or 10.4(c) hereof by reason of the occurrence of any event, not resulting from the wilful action or wilful omission or gross negligence of the Company or any of its Subsidiaries, and which is specified in clause (e) of Annex A, then the Company shall reimburse Parent in immediately available funds for the reasonable documented expenses of Parent and Merger Sub incurred in connection with the transactions contemplated by this Agreement (including, without limitation, printing fees, filing fees and fees and expenses of its legal and financial advisors and all fees and expenses payable to any financing courses) not to exceed $8,000,000, such payment to be made by the Company not later than the second business day after receipt by the Company of documentation evidencing such expenses.
Payment of Certain Fees. Upon consummation of the Merger, Parent shall cause the Surviving Corporation to promptly (but no later than two (2) Business days following such consummation) pay any fees and expenses owed to the Financial Advisor.
Payment of Certain Fees. Leverage Ratio) of the Existing Note Purchase Agreement, the Leverage Ratio shall be calculated using EBITDA, as such term is defined below:
Payment of Certain Fees. The Facility Lessee shall pay to the Consenting Certificateholders, the Owner Lessor and the Owner Participant all reasonable and documented fees, costs and expenses of the Consenting Certificateholders, the Owner Lessor and the Owner Participant incurred during from June 1, 2018 through the Forbearance End Date and the reasonable and documented fees and out-of-pocket costs and expenses of the legal and financial advisors specified in section 4 of this Agreement. The Facility Lessee shall pay such fees, costs and expenses no later than the fifteenth (15th) calendar day after receipt of monthly invoices for payment of such fees, costs and expenses are delivered to the Facility Lessee by the Consenting Certificateholders, the Owner Lessor and/or the Owner Participant (as applicable), and, in the case of payments in respect of fees and expenses of counsel and financial advisors, shall be deemed replenishments of any retainers or advances held by the applicable professionals (as applicable).
