Common use of Amendment Fee Clause in Contracts

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor to Agent or Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the account of Lenders (in such manner as Agent may agree), contemporaneously with the effectiveness of this Amendment No. 2, an amendment fee in the amount of $350,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 3 contracts

Samples: Loan and Security Agreement (Spartan Stores Inc), Loan and Security Agreement (Spartan Stores Inc), Loan and Security Agreement (Spartan Stores Inc)

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Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors Borrower shall pay to Agent Agent, for the account of Lenders (to the extent and in such manner as Agent may agree), contemporaneously accordance with the effectiveness of this Amendment No. 2arrangements between Agent and each Lender), an amendment fee in the amount of $350,00020,000, which fee shall be fully earned and nonrefundable as of due and payable on the effective date hereof and may be charged by Agent directly to any the loan account of BorrowersBorrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hhgregg, Inc.), Loan and Security Agreement (Gregg Appliances Inc)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers and Guarantors to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the account ratable benefit of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 2Amendment, an amendment fee in the amount of $350,00012,500, which fee shall be fully earned and nonrefundable as of the and payable on date hereof and may be charged to any loan account of Borrowers.

Appears in 2 contracts

Samples: Loan and Security Agreement (WHX Corp), Loan and Security Agreement (WHX Corp)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers and Guarantors to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent Agent, for the account benefit of Lenders (in such manner as Agent may agree), contemporaneously with the effectiveness of this Amendment No. 2Lenders, an amendment fee in the amount of $350,00015,000, which fee shall be fully earned and nonrefundable as of and payable on the date hereof and may be charged to any loan account of BorrowersBorrowers maintained by Agent.

Appears in 2 contracts

Samples: Loan and Security Agreement (Atlantic Express Transportation Corp), Loan and Security Agreement (Atlantic Express Transportation Corp)

Amendment Fee. In addition to all other fees, charges, interest fees and expenses charges payable by any Borrower or Guarantor to Agent or and Lenders under the Loan Agreement and Agreement, Amendment No. 5 or any of the other Financing Agreements, in consideration of the amendments set forth herein, Borrowers and Guarantors shall pay to Agent Agent, for the account of Lenders (in such manner as Agent or Agent, at its option, may agree), contemporaneously with charge the effectiveness loan account of this Amendment No. 2Borrowers maintained by Agent, an amendment fee in the amount of $350,000100,000, which fee shall be is fully earned and nonrefundable payable as of the date hereof and may be charged to any loan account shall constitute part of Borrowersthe Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (Spartan Stores Inc), Loan and Security Agreement (Spartan Stores Inc)

Amendment Fee. In addition to all the other fees, charges, interest and expenses payable by any Borrower or Guarantor to Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the account of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 2Agreement, an amendment fee in the amount of $350,00050,000, which fee shall be fully earned and nonrefundable as of payable on the effective date hereof and may be charged to any loan account of Borrowers.

Appears in 2 contracts

Samples: Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Haynes International Inc)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the account of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 27, an amendment fee in the amount of $350,00050,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Pemstar Inc)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors Borrower shall pay to Agent for the account of Lenders (in accordance with the arrangements among Lenders with respect to such manner as Agent may agreefees), contemporaneously with the effectiveness of this Amendment No. 214, an amendment fee in the amount of $350,00050,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of BorrowersBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Pemstar Inc)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the account of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 2, an amendment fee in the amount of $350,00075,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Lexington Precision Corp)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent Agent, for the account of Lenders (to the extent and in such manner as Agent may agree), contemporaneously accordance with the effectiveness of this Amendment No. 2arrangements between Agent and each Lender), an amendment fee in the amount of $350,000312,500, which fee shall be fully earned and nonrefundable as of due and payable on the effective date hereof and may be charged by Agent directly to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan Agreement (Wise Metals Group LLC)

Amendment Fee. In addition to all other fees, charges, interest and expenses fees payable by any Borrower or Guarantor Borrowers and Guarantors to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, in consideration of this Amendment, Borrowers and Guarantors shall pay to Agent Agent, for the account of the Lenders (to the extent and in such manner as Agent may agree), contemporaneously accordance with the effectiveness of this Amendment No. 2arrangements between Agent and each Lender), an amendment fee in the amount of $350,000100,000, which fee shall be fully earned and nonrefundable as of and payable on the date hereof Amendment No. 3 Effective Date, and may be charged Agent may, at its option, charge such fee to any the loan account of Borrowersany Borrower maintained by Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Handy & Harman Ltd.)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor to Agent or Lenders under consideration of the Loan Agreement and the other Financing Agreementsamendments set forth herein, Borrowers and Guarantors shall on the date hereof, pay to Agent Agent, for the account of Lenders (in such manner as Agent Lenders, or Agent, at its option, may agree), contemporaneously with charge the effectiveness loan account of this Amendment No. 2Borrowers maintained by Agent, an amendment fee in the amount of $350,000300,000, which fee shall be is fully earned and nonrefundable payable as of the date hereof and may be charged to any loan account shall constitute part of Borrowersthe Obligations.

Appears in 1 contract

Samples: Credit Agreement (VOXX International Corp)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers and Guarantors to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent Agent, for the account benefit of Lenders (in such manner as Agent may agree), contemporaneously with the effectiveness of this Amendment No. 2Lenders, an amendment fee in the amount of $350,00010,000, which fee shall be fully earned and nonrefundable as of and payable on the date hereof and may be charged to any loan account of BorrowersBorrowers maintained by Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlantic Express Transportation Corp)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the account of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 2Amendment, an amendment fee in the amount of $350,00050,000, which fee shall be fully earned and nonrefundable as of payable on the effective date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Loud Technologies Inc)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors Borrower shall pay to Agent for the account of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 2Amendment, an amendment fee in the amount of $350,000150,000, which fee shall be fully earned and nonrefundable as of payable on the effective date hereof and may be charged to any loan account of BorrowersBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Anchor Glass Container Corp /New)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent Agent, for the account of Lenders (in such manner as Agent may agree), contemporaneously with the effectiveness of this Amendment No. 210 Approving Lenders (to the extent and in accordance with the arrangements between Agent and each Amendment No. 10 Approving Lender), an amendment fee in the amount of $350,000207,500, which fee shall be fully earned and nonrefundable as of due and payable on the effective date hereof and may be charged by Agent directly to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan Agreement (Wise Metals Group LLC)

Amendment Fee. In addition to all other fees, charges, interest consideration of the amendments and expenses payable by any Borrower or Guarantor to Agent or Lenders under the Loan Agreement and the other Financing Agreementsconsents set forth herein, Borrowers and Guarantors shall on the date hereof, pay to Agent Agent, for the account of Lenders (in such manner as Agent Lenders, or Agent, at its option, may agree), contemporaneously with charge the effectiveness loan account of this Amendment No. 2Borrowers maintained by Agent, an amendment fee in the amount of $350,00010,000, which fee shall be is fully earned and nonrefundable payable as of the date hereof and may be charged to any loan account shall constitute part of Borrowersthe Obligations.

Appears in 1 contract

Samples: Credit Agreement and Consent (Tessco Technologies Inc)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing AgreementsOther Documents, Borrowers and Guarantors shall pay to Agent Agent, for the account of the Lenders (in such manner as Agent may agree), contemporaneously with the effectiveness of this Amendment No. 2party hereto, an amendment and consent fee in the amount of $350,00010,000, which fee shall be fully earned and nonrefundable as of payable on the date hereof and hereof. The foregoing fee may be charged to any loan account of BorrowersBorrowers maintained by Agent.

Appears in 1 contract

Samples: Loan and Security Agreement and Consent (Primo Water Corp)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the account of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 2Amendment, an amendment fee in the amount of $350,00045,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Pemstar Inc)

Amendment Fee. In addition to all other fees, charges, interest consideration of the waivers and expenses payable by any Borrower or Guarantor to Agent or Lenders under the Loan Agreement and the other Financing Agreementsamendments set forth herein, Borrowers and Guarantors shall on the date hereof, pay to Agent Agent, for the account of Lenders (in such manner as Agent Lenders, or Agent, at its option, may agree), contemporaneously with charge the effectiveness loan account of this Amendment No. 2Borrowers maintained by Agent, an amendment fee in the amount of $350,000225,000, which fee shall be is fully earned and nonrefundable payable as of the date hereof and may be charged to any loan account shall constitute part of Borrowersthe Obligations.

Appears in 1 contract

Samples: Credit Agreement and Waiver (VOXX International Corp)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor to Agent or Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent Agent, for the account of Lenders (in such manner as Agent may agree), contemporaneously with the effectiveness of this Amendment No. 2its own account, an amendment fee in the amount of $350,00025,000, which fee shall be fully earned and nonrefundable payable as of the date hereof Amendment No. 9 Effective Date and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (WHX Corp)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the account of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 21, an amendment fee in the amount of $350,00040,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Lexington Precision Corp)

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Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor to Agent or Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the account of Lenders (in such manner as Agent may agree), contemporaneously with the effectiveness of this Amendment No. 24, an amendment fee in the amount of $350,000125,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (WHX Corp)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent Agent, for the account of the Lenders party hereto (to the extent and in such manner as Agent may agree), contemporaneously accordance with the effectiveness of this Amendment No. 2arrangements by and among the Lenders party hereto), an amendment fee in the amount of $350,0005,000, which fee shall be fully earned and nonrefundable as of payable on the date hereof and hereof. The foregoing fee may be charged to any loan account of BorrowersBorrowers maintained by Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Lighting Science Group Corp)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Credit Agreement and the other Financing AgreementsLoan Documents, Borrowers and Guarantors shall pay to Agent Agent, for the account ratable benefit of Lenders (in such manner as Agent may agree), contemporaneously with the effectiveness of this Amendment No. 2Lenders, an amendment fee in the amount of $350,00015,000, which fee shall be amount is fully earned and nonrefundable as of payable on the date hereof Amendment No. 2 Effective Date and may be charged directly to any loan account account(s) of BorrowersBorrowers maintained by Agent.

Appears in 1 contract

Samples: Credit Agreement and Consent (Colt Finance Corp.)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the ratable account of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 28, an amendment fee in the amount of $350,00025,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Lexington Precision Corp)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the account of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 2Amendment, an amendment fee in the amount of $350,000250,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Pemstar Inc)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors Borrower shall pay to Agent for the account of Lenders (in such manner as Agent may agree)Revolving Lenders, contemporaneously with the effectiveness of this Amendment No. 2, an amendment fee in the amount of $350,000200,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Trailer Bridge Inc)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor to Agent or Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the account ratable benefit of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 26, an amendment fee in the amount of $350,00035,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (WHX Corp)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors Borrower shall pay to Agent for the account of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 212, an amendment fee in the amount of $350,00025,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of BorrowersBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Pemstar Inc)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the ratable account of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 24, an amendment fee in the amount of $350,000120,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Lexington Precision Corp)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor to Agent or Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent pro rata for the account of Lenders (in such manner as Agent may agree), contemporaneously with the effectiveness of this Amendment No. 25, an amendment fee in the amount of $350,00060,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (WHX Corp)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the account of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 210, an amendment fee in the amount of $350,000150,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Pemstar Inc)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor Borrowers to Agent or and Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors shall pay to Agent for the account of Lenders (in such manner as Agent may agree)Lenders, contemporaneously with the effectiveness of this Amendment No. 2Amendment, an amendment fee in the amount of $350,000100,000, which fee shall be fully earned and nonrefundable as of the date hereof and may be charged to any loan account of Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Pemstar Inc)

Amendment Fee. In addition to all other fees, charges, interest and expenses payable by any Borrower or Guarantor to Agent or Lenders under the Loan Agreement and the other Financing Agreements, Borrowers and Guarantors Borrower shall pay to Agent Agent, for the account of Lenders (in such manner as Agent may agree), contemporaneously with the effectiveness of this Amendment No. 2Lenders, an amendment fee in the amount of $350,000, 50,000 which fee shall be fully earned earned, due and nonrefundable payable as of the date hereof and which may be charged directly to any loan account of BorrowersBorrower maintained by Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Aep Industries Inc)

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