Forbearance Fee. In consideration of the Lender’s agreements set forth herein, Obligors agree to pay the Lender a non-refundable forbearance fee in the amount of $50,000.00 (the “Forbearance Fee”). The Forbearance Fee shall be: (i) fully earned by the Lender as of the Forbearance and Fourteenth Amendment Effective Date, (ii) retained by the Lender as a fee under all circumstances and shall not be applied in reduction of any other of the Obligations, and (iii) paid to the Lender in good and collected upon the execution of this Agreement.
Forbearance Fee. The Obligors hereby jointly and severally agree to pay to Lender the sum of $15,000.00 as a Forbearance Fee (the "Forbearance Fee"), such Forbearance Fee to be due and payable on March 15, 2002. The parties agree that the Forbearance Fee is fully earned on the date hereof.
Forbearance Fee. (a) In consideration of the forbearance by Lender under this Agreement and the waiver of the Existing Defaults and for other valuable consideration, the receipt and sufficiency of which are acknowledged, Borrower agrees to pay to Lender a Forbearance/Waiver Fee calculated as follows, and due on or before the earlier of the following (the “Deferral Date”): (i) the termination of the Forbearance Period, (ii) the cure of the Deficiency, or (iii) the refinance of the Revolving Note by another lender:
Forbearance Fee. Upon execution and delivery by Borrower to GECC of this Amendment, an amount equal to Twenty-Five Thousand And No Hundredths Dollars ($25,000.00) as a forbearance fee and in partial consideration for GECC’s agreement to enter into this Agreement (the “Forbearance Fee”) shall be fully earned by GECC. The Forbearance Fee shall be due and payable by Borrower in two installments as follows: (i) Fifteen Thousand And No Hundredths Dollars ($15,000.00) upon execution and delivery of this Agreement by Borrower to GECC, and (ii) Ten Thousand And No Hundredths Dollars ($10,000.00) on October 31, 2005, provided however, that in the event GECC receives indefeasible payment in full of all of the CF Obligations and the EF Obligations prior to October 31, 2005, and has no further obligation to fund or otherwise extend credit to Borrower, then: (A) the amount of the Forbearance Fee shall be reduced to $15,000.00, and (B) Borrower shall not be required to pay the second installment of $10,000.00. Borrower hereby authorizes and instructs GECC to make advances under the Loan Agreement to pay the Forbearance Fee when due, and each such advance shall constitute a Revolving Credit Loan (as that term is defined in the Loan Agreement). Borrower hereby acknowledges and agrees that: (i) the Forbearance Fee shall constitute a portion of the CF Obligations owing from Borrower to GECC under the provisions of the Loan Agreement and the other Loan Documents secured by the Collateral.
Forbearance Fee. In consideration of the agreement of the Agent and the Lenders to enter into this Agreement and hereby conditionally forbear from exercising their available Default Rights and Remedies throughout the Forbearance Period, the Borrower shall pay to the Agent, for the ratable benefit of the Lenders, a one-time forbearance fee in the amount of $25,000 (the “Forbearance Fee”). The Forbearance Fee shall be fully-earned, non-refundable and due and payable in one lump sum on the date of this Agreement. The Borrower and the Parent Guarantor acknowledge and agree that the Agent shall effect payment of the Forbearance Fee when due by charging the full amount thereof to the Borrower’s Revolving Loans account.
Forbearance Fee. As a material inducement and partial consideration for Lender’s agreement to enter into this Agreement, and in exchange for the Forbearance, Xxxxxx’s fees incurred in preparing this Agreement, and Xxxxxx’s other accommodations set forth herein, Borrower agrees to pay to Lender a forbearance fee equal to ten percent (10%) of the Outstanding Balance (the “Forbearance Fee”). The Forbearance Fee will be added to the Outstanding Balance upon Xxxxxxxx’s execution of this Agreement.
Forbearance Fee. The Obligors hereby renew and affirm their obligation --------------- to pay a forbearance fee in an amount equal to Four Hundred Fifty Thousand Dollars ($450,000), which fee was fully earned and non-refundable upon execution and delivery of the Forbearance Agreement, is included as part of the Indebtedness of Obligors to Lender under the Credit Agreement and shall be charged as a Revolving Advance under the Credit Agreement upon the earlier of (a) the occurrence of a Termination Event or (b) payment of the Indebtedness.
Forbearance Fee. In consideration for, and entry into and performance of, this Forbearance, on or before the Effective Date, the Ditech Parties shall pay to the Administrative Agent solely for the benefit of the CS Buyers and CS New York an upfront forbearance fee in an amount equal to $240,000.00 (the “Upfront Forbearance Fee”). In addition, the Ditech Parties shall pay to the Administrative Agent solely for the benefit of the CS Buyers and CS New York an additional fee equal to $80,000.00 for each Business Day, if any, on which the Ditech Parties’ obligations under the DIP Warehouse Facility Agreements have not been paid in full during the period commencing on (and including) February 14, 2019 (the “Additional Fee Start Date”) and ending on (but excluding) the earlier of (x) the Termination Date and (y) the date on which the Ditech Parties’ obligations under the DIP Warehouse Facility Agreements have been paid in full (such fee, the “Additional Fee”); provided, however, that to the extent that the date on which the Ditech Parties’ obligations under the DIP Warehouse Facility Agreements have been paid in full occurs prior to the Additional Fee Start Date, the Ditech Parties shall be entitled to a rebate of such Upfront Forbearance Fee in an amount equal to $80,000 for each such Business Day occurring prior to such Additional Fee Start Date and shall be payable to the Guarantor on the first Business Day following the date on which the Ditech Parties’ obligations under the DIP Warehouse Facility Agreements have been paid in full. The Additional Fee, if any, shall be payable on the first Business Day following the date on which such fee accrues in accordance with the foregoing, and shall be deemed fully earned and non-refundable in all respects. For the avoidance of doubt, nothing in this Section 9 shall be construed in any manner whatsoever to extend the terms and conditions of this Forbearance beyond the Termination Date as set forth in Section 3. Furthermore, for the avoidance of doubt, no Additional Fee shall accrue on any Business Day during which the Ditech Parties’ obligations under the DIP Warehouse Facility Agreements are paid in full.
Forbearance Fee. In consideration for NBD agreeing to forbear from exercising its rights and remedies under the Loan Documents with respect to the Existing Defaults as provided herein, Borrowers shall pay to NBD a forbearance fee in the amount of $75,000 (the "Forbearance Fee"), which shall be due and payable on the Effective Date.
Forbearance Fee. Borrower shall have paid pro rata to the Lenders a forbearance fee in the aggregate amount of $50,000 (the "Forbearance Fee"), $25,000 of which shall be credited to accrued but unpaid interest (provided that Lessee provides, on or before November 30, 2001, the Commitment Letter).
