Private Placement Commitment Premium Sample Clauses

Private Placement Commitment Premium. Subject to Section 3.2, in consideration for the Private Placement Commitment and the other agreements of the Private Placement Parties in this Agreement, the Company shall pay or cause to be paid to the Private Placement Parties a nonrefundable aggregate premium equal to $60,000,000, which represents 8.0% of the Private Placement Amount (the “Private Placement Commitment Premium”). The Private Placement Commitment Premium shall be payable according to the following: (i) 22.5% of the Private Placement Commitment Premium to the Initial Private Placement Parties or their designees on a pro rata basis based upon the Initial Private Placement Parties’ Private Placement Percentage as set forth on the Initial Private Placement Commitment Schedule (ii) 57.5% of the Private Placement Commitment Premium to the Initial Private Placement Parties, or their designees, and the Phase Two Private Placement Parties, or their designees on a pro rata basis based upon their respective Private Placement Commitment; and (iii) 20% of the Private Placement Commitment Premium to all Private Placement Parties or their designees that have executed this Agreement or a Joinder Agreement at any time prior to the date occurring fifteen (15) Business Days after the filing of the PPA and BCA Approval Motion, on a pro rata basis based upon their respective Private Placement Commitment.