Amendment fee clause samples

(b)Forbearance Amendment Fee. A forbearance amendment fee in the amount of $50,000 (the “Forbearance Amendment Fee”) shall be fully earned by the Lenders and non-refundable as of the Forbearance Amendment Effective Date, and shall be paid by the Obligors on the Forbearance Amendment Effective Date as a U.S. Base Rate Loan pursuant to Section 4.1(a)(ii) of the Loan Agreement.

6.Amendment Fee.Upon the effectiveness of this Amendment, the Borrower agrees to pay to each Lender that shall have delivered a signature page to this Amendment prior to 5:00 p.m., Chicago time, on August 29, 2016, an amendment fee of $5,000 (all such fees in the aggregate being the “Amendment Fee”).

Amendment Fee. No later than December 31, 2018, MannKind shall pay Amphastar an amendment fee in the amount of US$2.0 million (the “Amendment Fee”).

2. Amendment Fee. In consideration of the agreements set forth herein, Borrowers hereby agree to pay, or to cause to be paid, to Agent an amendment fee in the amount of $125,000 (the “MLP Second Amendment Fee”). The MLP Second Amendment Fee shall be payable in accordance with Section (h)of the Second Amended and Restated Fee Letter (the “GPMI Fee Letter”) dated as of the date hereof, by and among the Existing GPMI Borrowers, the lenders party thereto and PNC, entered into in connection with the Existing GPMI Loan Agreement.

Amendment Fee.In consideration of the agreements set forth herein, Borrowers shall pay to Lender an amendment fee in the amount of $26,250 (the “Amendment Fee”), which fee is non-refundable when paid and is fully-earned as of the date of this Amendment.The Amendment Fee shall be paid in full on the date of this Amendment.

5. Amendment Fee. As consideration for this Amendment, Borrower shall pay to Agent an amendment fee equal to $100,000.00 (the “Amendment Fee”), for the ratable benefit of the Lenders, which fee shall be fully earned on the Eighth Amendment Effective Date and due and payable on July 2, 2018. The Amendment Fee shall not be refunded or repaid to Borrower under any circumstances; provided, that the Amendment Fee shall be forgiven by the Agent and the Lenders if Borrower shall have indefeasibly paid the July 2018 Principal Payment in full in cash on or prior to July 2, 2018.

5.Amendment Fee. The Borrowers shall have paid to the Term Agent, for the ratable benefit of the Term Lenders, in Dollars, an amendment fee equal to 0.25% of the aggregate outstanding principal amount of the Term Loan (the “Amendment Fee”), which Amendment Fee shall be fully earned and payable on the Second Amendment Effective Date and shall not be refundable for any reason whatsoever; provided, that at the option of the Borrowers, the Amendment Fee may instead be added to the aggregate outstanding principal amount of the Term Loan.

Amendment Fee. As a condition precedent to the inclusion of rights related to MDA11-043 as Licensed Subject Matter in the Original Agreement, a nonrefundable amendment fee in the amount of $[*] (“Amendment Fee”).This upfront licensee fee will not reduce the amount of any other payment provided for in the Original Agreement, and is due and payable not later than thirty (30) calendar days after the Amendment No. 1 Date.The obligation to timely pay the Amendment Fee is not subject to any cure period.

5. Amendment Fee. In addition to all other fees, costs and expenses payable by Borrowers to Agent and Lenders under the Financing Agreements, Borrowers shall pay to Agent, for the ratable benefit of Lenders, an amendment fee in the amount of $37,500 (the “Amendment Fee”). The Amendment Fee shall be fully earned, due and payable on the date hereof, and shall not be subject to refund or rebate for any reason.

5. Amendment Fee. In addition to all other fees, costs and expenses payable by Borrowers to Agent and Lenders under the Financing Agreements, Borrowers shall pay to Agent an amendment fee in the amount of $37,500 (the “Amendment Fee”). The Amendment Fee shall be fully earned, due and payable on the date hereof, and shall not be subject to refund or rebate for any reason. Borrowers acknowledge and agree that Agent may, in its sole and absolute discretion, allocate to itself or to any Lender all or any portion of the Amendment Fee.

3.Amendment Fee.On or prior to the execution of this Amendment, Borrowers shall pay Lender an amendment fee of $25,000.00 (the “Amendment Fee”).It is expressly understood that the Amendment Fee shall not be refundable under any circumstances.

Section 3.2 Amendment Fee. In consideration of the Lender’s agreement to enter into this Modification, Borrower shall pay to Lender a non-refundable amendment fee in an amount equal to $14,000. The amendment fee has been fully earned as of the Effective Date of this Modification, and shall be due and payable in full on the Effective Date of this Modification. Lender may obtain this amendment fee by charging such amount as a Revolving Loan under the Loan Agreement.

(k)Seventh Amendment Fee.A fully earned and non-refundable seventh amendment fee in the amount of Six Hundred Thousand Dollars ($600,000.00) which shall become due and payable upon the earlier of: (i) the Maturity Date, (ii) the acceleration of any Term Loan, or (iii) the prepayment of a Term Loan pursuant to Section 2.2(c) or (d); provided, however, in lieu of paying the aforementioned fee of Six Hundred Thousand Dollars ($600,000.00), Borrower may pay on April 26, 2019 and also notify Collateral Agent of such payment on such date, a fully earned and non-refundable seventh amendment fee in the amount of Three Hundred Sixty Five Thousand Dollars ($365,000.00).

10.Waiver and Amendment Fee. In consideration of Bank’s agreement to enter into this Waiver and Amendment and grant the accommodations hereunder to Borrower, on the effective date of this Waiver and Amendment, Borrower shall pay to Bank a one-time fee of $40,000 (the “Waiver and Amendment Fee”). The Waiver and Amendment Fee shall be fully earned and non-refundable when due. Borrower hereby authorizes Bank to effect payment of the Waiver and Amendment Fee by debiting Borrower’s operating demand deposit account maintained with Bank.

(h)Fourth Amendment Fee.A fully earned and non-refundable fourth amendment fee in the amount of Three Hundred Fifty Thousand Dollars ($350,000.00) which shall become due and payable upon the earlier of: (i) the Maturity Date, (ii) the acceleration of any Term Loan, or (iii) the prepayment of a Term Loan pursuant to Section 2.2(c) or (d).

On March 22, 2018, Precision Opinion and HBC entered into a modification agreement of the original terms of the line of credit to provide for relief as a result of non-compliance of its monthly asset coverage ratio as of December 31, 2017 and January 31, 2018 and its minimum EBITDA covenant as of December 31, 2017. Pursuant to the terms of the loan amendment, the interest rate increased from prime plus 2.5% to prime plus 4.0%. Further in consideration of the modification agreement, Mr. James T. Medick executed a personal guaranty covering the line of credit and Precision Opinion paid a $15,000 waiver and amendment fee. Since March 22, 2018, Precision Opinion has remained in compliance with terms of the line of credit.