Refinancing Fee. Proinvest shall be paid a Refinancing Fee in the amount of seventy five basis points (0.75%) times the principal amount of any loan incurred to finance or refinance an Asset, excluding any loan incurred in connection with the initial acquisition of the Asset. The Refinancing Fee shall be paid to Proinvest promptly upon the closing and funding of the loan.
Refinancing Fee. The Borrowers shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, monthly in arrears on the last Business Day of each fiscal month of the Parent and its Subsidiaries, commencing on March 15, 2024, a non-refundable fee in the amount of 0.50% of the outstanding principal amount of the Term Loans on such date (each such amount, a “Refinancing Fee”), which Refinancing Fee shall be deemed fully earned and payable on March 15, 2024 and on the last Business Day of each fiscal month of the Parent and its Subsidiaries ending thereafter until the Termination Date.
Refinancing Fee. If Borrower terminates all or reduces (which shall be Ratably) a portion of the Aggregate Commitments prior to the second anniversary of the Closing Date through a re-financing collateralized by the Underlying Equity in form or substance materially similar to this Facility in which CS is not the lead lender, Borrower shall pay each Lender a refinancing fee (“Refinancing Fee”) equal to the product of (x) 2.75% times (y) the amount of the Commitment of such Lender that is being terminated or reduced, and times (z) the number of days from the date of such termination or reduction to the second anniversary of the Closing Date divided by 360. For the avoidance of doubt, the Refinancing Fee shall not apply to any other reduction of the Aggregate Commitments for any reason, including such a reduction due to syndication of this Facility by CS.
Refinancing Fee. Borrower shall pay Lender a Refinancing Fee (as hereinafter defined) from time to time if Borrower shall obtain any Indebtedness or equity contributions (other than from any other Obligor or Contempo Amsterdam except if such Indebtedness or equity contribution is funded with funds obtained by such other Obligor or Contempo Amsterdam from a non- Obligor (other than Lender)) after the date hereof and Borrower shall at any time cause the Revolving Credit Amount to be permanently reduced with the proceeds of such Indebtedness or
Refinancing Fee. The Company agrees to pay you a one-time sum of $50,000 (the “Refinancing Fee”) in the event of a refinancing of the Company’s debt currently held by ComVest Capital LLC; provided, however, that no such Refinancing Fee shall be due if such refinancing of the ComVest debt is effected by a shareholder that, as of the date of this Agreement, owns more than five percent (5%) of the Company’s equity or an independent member of the Company’s Board of Directors. Payment of the Refinancing Fee shall be made upon the consummation of such refinancing transaction. In the event that a portion of such refinancing of the ComVest debt is effected by a shareholder that, as of the date of this Agreement, owns more than five percent (5%) of the Company’s equity or an independent member of the Company’s Board of Directors, you will be entitled to a portion of such Refinancing Fee. (By way of example, if 25% of the refinancing of the ComVest debt is provided by an insider, then you would be entitled to a Refinancing Fee of $37,500.) You will be entitled to convert the Refinancing Fee earned into equity at a rate of $1.10 of equity for each $1.00 of earned Refinancing Fee. (By way of example, in the event you were entitled to a Refinancing Fee of $37,500, you could elect to convert such Refinancing Fee into $41,250 of Equity.) The number of shares to be issued shall be based on the closing price of the Company’s common stock on the date that the Company receives notice of such conversion. Any fractional shares shall be rounded up to the nearest whole share. A form of notice is attached hereto as Exhibit A. Such notice of the election to convert must be made no later than five (5) business days after the Company has given you notice that you are entitled to receive all or a portion of the Financing Fee. Failure to give notice within five (5) business days will result in your forfeiture of this option.
Refinancing Fee. The Borrowers shall pay to the Administrative Agent, for the account of the Lenders in accordance with a written agreement among the Agents and the Lenders, monthly in arrears on the last Business Day of each fiscal month of the Parent and its Subsidiaries, commencing on April 30, 2024, a non-refundable fee in the amount of 0.50% of the outstanding principal amount of the Term Loans on such date (each such amount, a “Refinancing Fee”), which Refinancing Fee shall be deemed fully earned and payable on April 30, 2024 and on the last Business Day of each fiscal month of the Parent and its Subsidiaries ending thereafter until the Termination Date. Notwithstanding anything to the contrary contained in this Agreement, any other Loan Document or any agreement among the Agents and the Lenders, each of the Lenders acknowledges and agrees that (A) Wingspire shall be entitled to receive $141,436.84 of the Refinancing Fee due and payable on April 30, 2024 (and for the avoidance of doubt, the Refinancing Fee payable to Wingspire will continue to accrue on and after May 1, 2024 and be due and payable to Wingspire in accordance with this Section 2.06(f)) and (B) the other Term Loan Lenders (other than Wingspire) shall be entitled to receive, in accordance with their Pro Rata Shares, $739,046.48 of the Refinancing Fee due and payable on April 30, 2024 (and for the avoidance of doubt, the Refinancing Fee payable to the other Term Loan Lenders (other than Wingspire) will continue to accrue on and after May 1, 2024 and be due and payable to the other Term Loan Lenders (other than Wingspire) in accordance with this Section 2.06(f)); provided, further, that the Agents and the Lenders consent to (A) the payment by the Loan Parties in an amount of $141,436.84 of the Refinancing Fee that was due and payable on April 30, 2024 to Wingspire to be paid in cash on May 7, 2024 and (B) the deferment by the Loan Parties in an amount of $739,046.48 of the Refinancing Fee due and payable on April 30, 2024 (the “Deferred April Payment”), which Deferred April Payment shall be paid in full, in cash, on the date that is the earliest to occur of (A) June 30, 2024, (B) the prepayment in full of the Obligations, (C) the Final Maturity Date and (D) the date on which the Obligations are declared due and payable pursuant to the terms of Section 9.01 of this Agreement.” 3.
Refinancing Fee. In addition to the other fees set forth in this Section 4, the Company shall pay to the Consultant a $200,000 fee (the "Refinancing Fee"), payable immediately upon the consummation of the refinancing of that certain $8.5 million senior subordinated loan to the Company arranged by CIBC Wood Gundy Securities Corp. and that certain $5 million subordinated loan from shareholders of Xxxxxx Telecommunications Corporation (the "Subordinated Loans"), provided, however, said Refinancing Fee shall only be payable if the refinancing of the Subordinated Loans occurs prior to the time warrants are required to be issued to the holders of the Subordinated Loans pursuant to those certain Warrant Agreements executed in connection therewith.
Refinancing Fee. On the effective date of any Refinancing, the Borrower shall pay to the Term Loan Lenders a non-refundable refinancing fee (the “Refinancing Fee”) in an amount equal to 1.00% of the Net Funded Amount of the Term Loans as of the Funding Date.
Refinancing Fee. In the event the Loans are prepaid in full within 18 months of the Preliminary Acceptance Date with the proceeds of or in connection with the incurrence of debt or the issuance by any Loan Party of debt or equity securities, or both, the Borrower shall pay to each Lender a fee in the amount of one-half percent of the sum of (i) such Lender's full Revolving Credit Committed Amount in effect on such date and (ii) the previously outstanding amount of the Term Loans made by such Lender prepaid on such date.
Refinancing Fee. In addition to the fees payable pursuant to Section 2.05 of the Credit Agreement, to the extent the Obligations shall not have been repaid in full and the Total Revolving Credit Commitment shall not have been not terminated on or prior to December 31, 2019, on December 31, 2019 the Borrower agrees to pay, for the ratable account of each Lender, a fee equal to 1.00% of the Total Revolving Credit Commitment as of such date.
