Delay Fees. If the Closing shall not actually occur on any date ---------- on which the Closing is scheduled to occur, and the Company shall have failed to notify each Investor prior to 10:00 A.M. local time, in the place in which an Investor is located, on the day prior to such scheduled Closing that such Closing has been postponed, the Company shall pay to each Investor (as compensation for such Investor's loss of fund and administrative costs) an amount equal to interest on the purchase price for the Securities to have been purchased by each such Investor on such scheduled date at such Closing, at the rate per annum on the Senior Subordinated Notes as if the Senior Subordinated Notes had been issued on the scheduled date of Closing, for each day from and including such scheduled date of Closing to but not including the earlier of the date on which such Closing actually occurs or the date on which the amount to be paid by each such Investor as said purchase price is available to such Investor for reinvestment, but in any case not less than one day's interest; provided, however, that the Company shall not -------- ------- owe any Investor any amount under this paragraph 13M if the Company has fulfilled all of its obligations under this Agreement and such Investor is not willing or able to fulfill its obligations on the scheduled date of Closing.
Delay Fees. (a) Designated Buyer shall be obligated to pay Seller a delay fee ("Buyer Delay Fee") subject to the following terms and conditions:
Delay Fees. If the Closing shall not actually occur on any date on which the Closing is scheduled to occur, and Holdings or the Company shall have failed to notify each Investor prior to 10:00 A.M. local time, in the place in which an Investor is located, on the day prior to such scheduled Closing that such Closing has been postponed, Holdings or the Company shall pay to each Investor (as compensation for such Investors loss of fund and administrative costs) an amount equal to interest on the purchase price for the Securities to have been purchased by each such Investor on such scheduled date at such Closing, at the rate per annum equal to the annual dividend rate on the Exchangeable Preferred Stock, for each day from and including such scheduled date of Closing to but not including the earlier of the date on which such Closing actually occurs or the date on which the amount to be paid by each such Investor as said purchase price is available to such Investor for reinvestment, but in any case not less than one day's interest; provided, however, that neither Holdings nor the Company shall owe any Investor any amount under this paragraph 8K if Holdings and the Company have fulfilled all of their obligations under this Agreement and such Investor is not willing or able to fulfill its obligations on the scheduled date of Closing.
Delay Fees. 23 Section 6.2
Delay Fees. On or before five business days after receiving an invoice from Contractor, Company will pay to Contractor $1,750,000 to Contractor’s account, for delay fees associated with Company delaying the initial Construction Mobilization Date into the second Delay Period before Company and Contractor agreed to suspend the Contract. The concept of delay fees and Delay Periods is hereby deleted from the Contract, including Sections 25.3 and 25.4 of the Contract.
