Waiver Fee Sample Clauses

Waiver Fee. In consideration of the waiver described above, Borrowers agree to pay Lender a waiver fee of Two Thousand Five Hundred Dollars ($2,500) on the date hereof. The remainder of the page is intentionally left blank

Waiver Fee. The Borrower shall have paid to the Bank a waiver fee in the amount of $7,500.00; and

Waiver Fee. If Lender, at its discretion, agrees to waive or amend any terms of this Agreement, Borrower will, at Lender's option, pay Lender a fee for each waiver or amendment in an amount advised by Lender at the time Borrower requests the waiver or amendment. Nothing in this Section shall imply that Lender is obligated to agree to any waiver or amendment requested by Borrower. Lender may impose additional requirements as a condition to any waiver or amendment.

Waiver Fee. The Borrower agrees to pay to the Administrative Agent, for the account of each Lender on the Waiver Effective Date, an amendment fee equal to 0.250% of such Lender's Revolving Commitment in effect as of 5:00 p.m., New York City time, on the Waiver Effective Date; provided that the foregoing fee shall not be payable unless this Waiver becomes effective as provided in Section 5 above.

Waiver Fee. In consideration for the waivers contained herein, on the date this Amendment is executed, the Borrower shall pay the Agent a non-refundable fully-earned waiver fee in the amount of $30,000 for the pro rata account of the Banks on the basis of their respective Percentages.

Waiver Fee. In consideration for the waiver granted by the Agent herein and in addition to all other fees and costs, the Borrower hereby agrees to pay to the Agent a nonrefundable fee equal to Five Thousand Dollars ($5,000), which fee will be fully earned, due, and payable as of the date of this Waiver (the “Waiver Fee”).

Waiver Fee. (a) The Borrower shall pay to Agent, in immediately available funds, a fee in an amount equal to 2.00% of the aggregate principal amount of the Obligations outstanding on August 1, 2023 (the “Waiver Fee”). The Waiver Fee shall be due and payable on the earliest of (i) August 1, 2023, (ii) the commencement of any Insolvency Proceeding, (iii) the acceleration of the Obligations for any reason, including, without limitation, acceleration in accordance with Section 9.1, including the automatic acceleration, without presentment, demand, protest, or notice, of the Obligations as a result of the commencement of an Insolvency Proceeding, or (iv) the satisfaction, release, payment, restructuring, reorganization, replacement, reinstatement, defeasance or compromise of any of the Obligations in any Insolvency Proceeding, foreclosure (whether by power of judicial proceeding or otherwise) or deed in lieu of foreclosure or the making of a distribution of any kind in any Insolvency Proceeding to Agent, for the account of the Lenders in full or partial satisfaction of the Obligations. (b) The Waiver Fee payable in accordance with this Section 5(a) shall be presumed to be equal to the liquidated damages sustained by the Lenders as the result of the occurrence of the Specified Default and the Loan Parties agree that it is reasonable under the circumstances currently existing and it does not constitute unmatured interest under the Loan. THE LOAN PARTIES EXPRESSLY WAIVE THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE OR LAW THAT PROHIBITS OR MAY PROHIBIT THE COLLECTION OF THE FOREGOING WAIVER FEE IN CONNECTION WITH ANY ACCELERATION. The Loan Parties expressly agree that: (A) the Waiver Fee is reasonable and is the product of an arm’s length transaction between sophisticated business people, ably represented by counsel; (B) the Waiver Fee shall be payable notwithstanding the then prevailing market rates at the time payment is made; (C) there has been a course of conduct between the Lenders and the Loan Parties giving specific consideration in this transaction for such agreement to pay the Waiver Fee; (D) the Loan Parties shall be estopped hereafter from claiming differently than as agreed to in this paragraph; (E) their agreement to pay the Waiver Fee is a material inducement to Lenders to provide the Commitments and make the Loans, and (F) the Waiver Fee represents a good faith, reasonable estimate and calculation of the lost profits or damages of Agent and the Lenders and th...

Waiver Fee. The Borrowers shall have paid to the Agent (for distribution to the Lenders in accordance with their Applicable Percentages) a waiver and amendment fee of $43,000, which fee has been fully earned by the Lenders and is non-refundable in its entirety.

Waiver Fee. Borrower shall have paid to Agent for the benefit of ---------- the Lenders in accordance with their respective Revolving Credit Commitments as set forth on Annex I as amended herein, a Waiver Fee in the amount of $100,000.