Financing Fees. For any Financing the Company shall: a) pay CGF a cash fee of 8% of the amount of capital raised, invested or committed; and b) grant CGF Agent Warrants to purchase 8% of the amount of capital raised, invested or committed in the form of, at CGF's option, (a) the securities issued pursuant to a Financing or (b) common stock of the Company. The Agent Warrants shall have (a) an exercise price equal to that of the securities issued pursuant to the transaction, (b) a 5-year term, (c) cashless exercise provisions, (d) standard anti-dilution protections, and (e) one demand registration right and unlimited "piggy-back" registration rights; and c) pay CGF a cash fee for unallocated expenses of 3% of the amount of capital raised, invested or committed; and d) agree to pay CGF a warrant solicitation fee for any warrants issued to investors in the Financing, in an amount equal to five percent (5%) of the funds received by the Company upon such exercise, which fee shall be paid at any time that any such warrants are exercised. QuickLinks
Financing Fees. At the first closing under each Financing, Company shall pay to VFIN a fee on VFIN-introduced sources (each a “Financing Fee”) in immediately available funds equal to the sum of one and one-half percent (1 1/2%) of all secured debt funds available; plus four percent (4%) of all unsecured debt funds available, plus ten percent (10%) of all equity funds raised in amounts up to $3 million, eight percent (8%) in amounts from $3 million to $6 million, and seven percent (7%) for amounts greater than $ 6million, in the private markets in connection with such Financing. For purposes of calculating any Financing Fee, convertible securities shall be treated as equity. The Financing Fee shall be calculated on the gross total credit facility before any deductions, including but not limited to fees, deposits, transaction expenses, reserves, insurance or other amounts withheld or paid by the “Financing Source.” If a Transaction results from an introduction by the Company to a Financing Source, then fees associated with that particular Transaction shall be reduced by half. If the funds raised by Company pursuant to a Financing are to be received in whole or in part via installment payments, such installment payments shall be valued on a discounted present value basis using a discount rate of eight percent (8%) per annum.
Financing Fees. Subject to Section 15.06 above, any (a) financing fee, extension fee, rate lock fee, interest rate breakage costs or other similar fee in connection with the Refinancing (a “Refinancing Fee”) required to be paid prior to the Closing, (b) Refinancing Third-Party Costs and (c) any other fees and expenses incurred in connection with the Refinancing (including, without limitation, any legal fees of a lender, any mortgage recordation or similar fees and any due diligence costs incurred by a lender) (collectively, the “Other Refinancing Fees and Expenses”) shall be shall be borne in accordance with Section 15.08 above.
Financing Fees. A cash fee, payable by the Sponsor (“no load” to purchasers of Securities) upon consummation of any Financing, net of any Due Diligence Fee paid in accordance with Section 3(a) above, and equal to the sum of the following amounts (collectively, a “Financing Fee”):
Financing Fees. The Borrower shall pay all financing fees and charges due and payable in relation to the Agreement to the Lender on the Due Dates as specified hereunder.
Financing Fees. At the first closing under each Financing, Company shall pay to VFIN a fee (each a “Financing Fee”) in immediately available funds equal to the sum of one and one-half percent (1 1/2%) of all secured debt funds raised; plus four percent (4%) of all unsecured debt funds raised; plus ten percent (10%) of all equity funds raised in the private markets, on amounts of $4 million or less in connection with such Financing. For amounts above $4 million, the percentage shall decrease to seven percent (7%). For purposes of calculating any Financing Fee, convertible securities shall be treated as equity. The Financing Fee shall be calculated on the gross total credit facility before any deductions, including but not limited to fees, deposits, transaction expenses, reserves, insurance or other amounts withheld or paid by the “Financing Source.” If the funds raised by Company pursuant to a Financing are to be received in whole or in part via installment payments, such installment payments shall be valued on a discounted present value basis using a discount rate of eight percent (8%) per annum. To the extent such future payments are not currently ascertainable or relate to the exercise of options, warrants and/or similar securities, the portion of the Financing Fee relating thereto shall be payable at the earlier of (i) the receipt of such contingent payments, or (ii) the time that the amount of such contingent payments can be determined.
Financing Fees. Administrative Agent shall have received, for the account of each Lender, the fees payable pursuant to the Fee Letter with respect to each such Borrowing.
Financing Fees. In the event this Agreement is terminated due solely to Buyer failing to accomplish the financing contemplated in SECTION 3.5 on or before the Closing Date, Buyer shall immediately pay to Seller an amount in cash equal to the total amount of third-party fees and expenses directly incurred by Seller in connection with the transactions contemplated by this Agreement, including all counsel fees and expenses, and all audit and accounting fees and expenses incurred in connection with the preparation of the Financial Statements, in an amount not to exceed $50,000.
Financing Fees. Dinosaur shall receive for its services a cash fee equal to ten percent (10.00%) of the amount of capital (including but not limited to convertible securities such as convertible preferred stock, convertible notes and convertible debentures) raised from Dinosaur Contacts (as defined in paragraph 3 below) with such cash fee payable by wire transfer out of the closing proceeds of each financing(s) from an escrow account established by Dinosaur or the Companies counsel for this purpose. In addition, at closing the Company shall sell to Dinosaur, and Dinosaur shall purchase from the Company, for $0.001 per each share covered by the warrants, warrants (the “Warrants”) to purchase ten percent (10.00%) of the number of shares of Common Stock obtained and obtainable by Dinosaur Contacts whether such shares of Common Stock are: (i) purchased directly, (ii) obtainable through conversion of notes, debentures or preferred stock issued in a financing(s), and (iii) obtainable upon exercise of warrants received in a financing. The Warrants shall be exercisable over a five year term and shall be exercisable on a “cashless exercise” basis throughout the term as well as assignable to others at Dinosaurs discretion. The exercise price of all Warrants issued in a financing shall be equal to the lowest common stock purchase price or the conversion price of a convertible security paid by investors in the financing. Dinosaur shall be entitled to “piggy back” registration rights pursuant to which the Company agrees to register the shares underlying the Warrants on any registration statement filed by the Company, including the registration for the investors in the financing. Dinosaur shall be entitled to one demand registration right on form S-3 or other suitable form with respect to all shares of the Company’s common stock issuable upon exercise of the Warrants. Such demand registration rights shall obligate the Company to file a registration statement for such shares upon written notice from Dinosaur, within 30 days after the 12th month of the date of this Agreement if such common stock and the shares underlying the warrants detailed herein have not already been registered at the Company’s expense. In the event any Dinosaur Contacts exercise warrants included in the financing contemplated herein, Dinosaur shall receive a cash fee of five percent (5.00%) on the amount of capital raised by the Company on each such occasion from the Dinosaur Contacts.
Financing Fees. Other than financing fees paid in accordance with the Master Lease Agreement, Xxxxxx has paid and will pay no other fees to the Lessor in connection with the Agreement.
