Deferred Commitment Fee definition
Examples of Deferred Commitment Fee in a sentence
Upon the issuance of the Initial Commitment Shares or the Deferred Commitment Shares (if any), the Company shall offset of its debt to pay the Initial Commitment Fee or the Deferred Commitment Fee, as applicable, against its receivable from the Investor in respect of the issue price payable in respect of the Initial Commitment Shares or Deferred Commitment Shares, as applicable (which shall be equal to the Initial Commitment Fee or the Deferred Commitment Fee, as applicable).
The Deferred Commitment Fee, if applicable, shall be payable on the one-year anniversary of the Effective Date, by the issuance to the Investor of such number of Ordinary Shares that is equal to the Deferred Commitment Fee divided by the closing price of the Ordinary Shares as of the Trading Day immediately prior to the one-year anniversary of the Effective Date (the “Deferred Commitment Shares”).
The Company shall have issued the respective Initial Commitment Shares (and, after the Deferred Fee Date (if applicable), also the Deferred Commitment Fee) to an account designated by the Investor, in accordance with Section 12.04, all of such Initial Commitment Shares and, to the extent applicable, Deferred Commitment Shares, shall be fully earned and non-refundable.
Notwithstanding the foregoing, I/we shall not have the right to object to details contained in a monthly statement if those details have already been previously stated in the trading confirmation which have been accepted by me/us as true and accurate.
Notwithstanding the foregoing, the Deferred Commitment Fee shall be waived by Lender in the event Borrower refinances the Loan with a new permanent (i.e., ten year term) fixed rate loan from Lender or its affiliates (which may be provided by Lender or its affiliates in their sole discretion).
The Deferred Commitment Fee shall not be due with respect to payments of principal resulting from the application of casualty or insurance proceeds to the Debt.
No Deferred Commitment Fee shall be payable if this Agreement is terminated as a consequence of an assignment made under Section 11.6(a)(i) to which Borrower does not consent.