Eleventh Amendment Fee definition

Eleventh Amendment Fee means the fee equal to $1,743,503.36 paid in kind upon execution of Amendment No. 11 to the Original Agreement dated as of April 28, 2010 among the Company, the Agent and the Lenders.
Eleventh Amendment Fee has the meaning specified therefor in Section 2.11(b).”

Examples of Eleventh Amendment Fee in a sentence

  • No portion of the payment on account of the Eleventh Amendment Fee, shall be applied or considered a payment of the Credit Party Expenses for which the Borrower Representative or any of the Loan Parties is obligated under the terms of the Credit Agreement or this Amendment.

  • The Administrative Agent shall have received a fully executed copy of that certain Eleventh Amendment Fee Letter, dated as of the date hereof, by and among the Borrower, the Administrative Agent, and the Lenders (the “ Fee Letter”).

  • The Eleventh Amendment Fee shall be due and payable on the Effective Date and as a condition precedent to this Amendment.

  • The Borrowers agree that the Eleventh Amendment Fee has been fully earned as of the Eleventh Amendment Effective Date and that no portion of the Eleventh Amendment Fee shall be refundable for any reason whatsoever.

  • Payment of the Eleventh Amendment Fee shall, upon receipt thereof by the respective recipient, be non-refundable and shall, upon payment, be the sole and absolute property of such recipient, as applicable.

  • For the avoidance of doubt, upon satisfaction of the conditions set forth in Section 4, the Agent shall deduct the Eleventh Amendment Fee from the outstanding principal balance of the Existing Loans, and the Yield Enhancement Fee shall be calculated exclusive of the Eleventh Amendment Fee.

  • The Eleventh Amendment Fee and all other fees required to be paid on or before the Effective Date to the Administrative Agent, the Lenders, or the Arrangers pursuant to Section 9 below and pursuant to the Fee Letter between the Administrative Agent, the Arrangers, and Borrower Representative shall have been paid by, or on behalf of, the Loan Parties.

  • Notwithstanding anything to the contrary in that certain Eleventh Amendment to Loan and Security Agreement by and between Bank and Borrower dated as of December 4, 2014 (the “Eleventh Amendment”), Borrower hereby acknowledges and agrees that if Borrower, Malaysian Subsidiary and Bermuda Subsidiary fail to execute the Replacement Loan Documents, then Borrower shall pay the Eleventh Amendment Fee (as defined in the Eleventh Amendment) to Bank on September 25, 2015.

  • For purposes of clarification, no Eleventh Amendment Fee shall be charged if the Replacement Loan Documents are executed by Borrower, Malaysian Subsidiary and Bermuda Subsidiary.

  • The Borrowers shall pay to the Agent for the account of the Lenders, in accordance with their Pro Rata Shares, an amendment fee (the "Eleventh Amendment Fee") equal to $300,000, of which (a) $150,000 shall be due and payable on the Eleventh Amendment Effective Date, and (b) $150,000 shall be due and payable on the earlier to occur of December 15, 2012, and the date $250,000,000 of the aggregate principal amount of Indebtedness outstanding under the New Parent Term Loan Agreement is assumed by the MLP.

Related to Eleventh Amendment Fee

  • Eleventh Amendment means that certain Eleventh Amendment to Credit Agreement, dated as of April 29, 2022, among Holdings, the Borrower, the other Credit Parties party thereto, the Administrative Agent, the Collateral Agent, the Lenders party thereto, the Revolving Letter of Credit Issuers and the various other parties party thereto.

  • Seventh Amendment means that certain Seventh Amendment to Revolving Credit and Security Agreement, dated as of the Seventh Amendment Date, by and among Borrowers, Lenders and Agent.

  • Eighth Amendment means that certain Eighth Amendment to Second Amended and Restated Credit Agreement and First Amendment to Second Amended and Restated Guaranty and Collateral Agreement, dated as of the Eighth Amendment Effective Date, among the Borrower, the Guarantors, the Administrative Agent and the Lenders party thereto.

  • Third Amendment Date means June 23, 2020.

  • Fourth Amendment Date means April 30, 2021.

  • Tenth Amendment means that certain Tenth Amendment to Credit Agreement, dated as of November 15, 2019, among Holdings, the Borrower, the other Credit Parties party thereto, the Administrative Agent, the Collateral Agent and the Lenders party thereto.

  • Second Amendment Date the date of effectiveness of the Second Amendment, dated July 15, 2016, by and among the Borrower, the other Loan Parties thereto, Holdings, the Lenders party thereto and the Administrative Agent.

  • Ninth Amendment means the Ninth Amendment to Amended and Restated Senior Secured Credit Agreement, dated as of February 11, 2022, by and among Administrative Agent, Collateral Agent, Lenders, the Borrower, Parent and Guarantors.

  • Sixth Amendment means the Sixth Amendment to Credit Agreement dated as of March 7, 2011 among the Borrower, the Lenders party thereto and the Administrative Agent.

  • First Amendment Date means February 21, 2019.

  • First Amendment means the First Amendment to Amended and Restated Credit Agreement, dated the First Amendment Effective Date, by and among the Loan Parties party thereto, the Required Lenders, the Revolving Credit Lenders and the Administrative Agent.

  • Fifth Amendment means that certain Fifth Amendment to Credit Agreement, dated as of December 14, 2017, among Holdings, the Borrower, the Administrative Agent and the Lenders, Letter of Credit Issuers and other Credit Parties party thereto.

  • Third Amendment means that certain Third Amendment to Amended and Restated Credit Agreement dated as of the Third Amendment Effective Date, among the Borrower, the Guarantors party thereto, the Administrative Agent and the Lenders party thereto.

  • Fourth Amendment means that certain Fourth Amendment to Credit Agreement, dated as of August 17, 2017, among Holdings, the Borrower, the Administrative Agent and the Lenders and other Credit Parties party thereto.

  • Second Amendment means that certain Second Amendment to Amended and Restated Credit Agreement dated as of the Second Amendment Effective Date, among the Borrower, the Guarantors party thereto, the Administrative Agent and the Lenders party thereto.

  • Amendment Fee means any fee offered, paid or payable to any Lender Party by the Borrower or any Affiliate of the Borrower (whether directly or through the Administrative Agent or any other Person) in consideration for any waiver of, or agreement to amend or modify any provision of, any of the Financing Documents.

  • Eleventh Amendment Effective Date has the meaning set forth in Section 4 of the Eleventh Amendment.

  • Amendment Agreement shall have the meaning assigned to such term in the recitals hereto.

  • Fourth Amendment Closing Date the date on which all the conditions precedent set forth in Section 3 of the Fourth Amendment shall be satisfied or waived.

  • Seventh Amendment Effective Date as defined in the Seventh Amendment.

  • Tenth Amendment Effective Date has the meaning set forth in Section 4 of the Tenth Amendment.

  • Fourth Amendment Effective Date has the meaning assigned to such term in the Fourth Amendment.

  • Eighth Amendment Effective Date shall have the meaning provided in the Eighth Amendment.

  • Ninth Amendment Effective Date has the meaning set forth in Section 4 of the Ninth Amendment.

  • Fifth Amendment Effective Date shall have the meaning provided in the Fifth Amendment.

  • Second Amendment Closing Date has the meaning assigned to such term in the Second Amendment.