Examples of Second Fee in a sentence
For clarity, the aggregate fees to be paid by Ophthotech in relation to the Initial Study consist of the Initial Fee, the Second Fee and the Third Fee.
If the First Fee is payable in accordance with this paragraph 6, it shall be paid on 1 July 2022 and if the Second Fee is payable in accordance with this paragraph 6, it shall be paid on 3 October 2022.
The First Fee shall only be payable if all of the Facility A Commitments have not been cancelled on or before 30 June 2022 and the Second Fee shall only be payable if all of the Facility A Commitments have not been cancelled on or before 30 September 2022.
The Second Fee shall be refundable to Borrower in the event the Loan does not close; PROVIDED, HOWEVER that in the event the Loan does not close and the Borrower is obligated to pay a Break Up Fee pursuant to Section 13(a)(11) hereof, the Second Fee shall not be refundable.
If prior to the Second Fee Payment Date the Merger Agreement has been terminated without the Acquisition having been consummated, no additional upfront fees shall be earned or payable.
Additional upfront fees on an amount equal to the excess, if any, of (i) the aggregate Commitments of all Lenders existing on the Second Fee Payment Date over (ii) $2,500,000,000 shall be fully earned, and payable by the Borrowers in full, on the Second Fee Payment Date, unless prior to the Second Fee Payment Date the Merger Agreement has been terminated without the Acquisition having been consummated.
Any fee payable in accordance with this paragraph 6 shall be payable by the Borrower to the Agent for the account of each Lender pro rata to the Facility A Commitments that are held by that Lender on 1 July 2022 (in the case of the First Fee) and on 1 October 2022 (in the case of the Second Fee).
Subsequent to payment of Second Fee to Newco, Newco will provide OPO with certain software development services (“Professional Services”), which may be provided in order to add new features and functionality to the Software, which are not contemplated in Schedule A.
The Borrower agrees to pay to the Lender, on the Borrowing Date, a fee (the "Third Fee", and together with the Initial Fee and the Second Fee", the "Upfront Fee") equal to the excess of (i) 1.08333% of the principal amount of the Loan funded on the Borrowing Date over (ii) the aggregate amount of the Initial Fee and the Second Fee previously paid by the Borrower to the Lender.
This standstill obligation shall commence upon the Effective Date and, subject to FEI's timely payments to EcoloCap pursuant to Section 1.4, shall expire (a) on March 15, 2012, if FEI has paid the First Fee to EcoloCap or (b) on March 31, 2012, if FEI has also paid the Second Fee to EcoloCap, unless otherwise agreed in writing by the Parties ("Standstill Period").