Additional Extension Fee definition
Examples of Additional Extension Fee in a sentence
Notwithstanding anything stated to the contrary herein or in the Purchase Agreement, the Additional Extension Fee, once made, shall not be refundable to Buyer under any circumstances unless Seller fails to sell and convey the Property to Buyer when Seller is obligated to do so under the terms and provisions of the Purchase Agreement.
If Buyer fails to timely deposit the Additional Extension Fee as provided in this Paragraph 3, then Buyer shall be in default under the Purchase Agreement and Seller shall have the right to terminate the Purchase Agreement and exercise all other rights and remedies under the Purchase Agreement.
Buyer hereby irrevocably authorizes and directs Escrow Holder to remit the Additional Extension Fee directly to Seller upon Escrow Holder’s receipt of such Additional Extension Fee.
In the event the Company does not elect to pay the Initial Extension Fee or the Additional Extension Fee upon any such Event of Default in accordance with this paragraph, the Notes will be subject to acceleration as provided in Section 7.02.
If the Company elects to pay the Extension Fee or the Additional Extension Fee, such fee shall be payable in respect of all Notes outstanding on the date on which the related Filing Default first occurs, which will be the 60th day after notice to the Company of its failure to so comply (the “Filing Default Date”).
On or after such 90th day, or if the Company elects to pay the Additional Extension Fee, the 120th day (if the Filing Default has not been cured or waived prior to such 90th or 120th day, as applicable) after the Filing Default, the Trustee or the holders of not less than 25% in principal amount of the Notes may declare the principal of and accrued and unpaid interest (including Additional Interest) on all such Notes to be due and payable immediately.
The Extension Fee and the Additional Extension Fee shall be paid to the Holders entitled thereto within 15 days of the date on which the Company elected to pay such Extension Fee or Additional Extension Fee under this Section 5.01 (the “Filing Default Payment Date”).
If the Extension Fee and, if applicable, the Additional Extension Fee has been paid by the Company directly to the persons entitled thereto, the Company shall deliver to the Trustee a certificate setting forth the particulars of such payment.
Any additional extensions of the Waiver Period (as such term is amended by paragraph 1 of this agreement) to which the Agent and the Lenders consent (in their sole discretion) will require the Borrowers to pay to the Agent for the account of the Lenders a fee (each an "Additional Extension Fee") in the amount of 3.0% of the Outstanding Amounts.
In order to elect to pay the Extension Fee and, if applicable, the Additional Extension Fee as the sole remedy for a Filing Default during the first 90 or 120 days, as applicable, after the occurrence of such Event of Default, the Company shall notify, in the manner provided for in Section 15.03, the Noteholders and the Trustee of such election at any time on or before the Close of Business on the Filing Default Date.