Common use of Closing Fee and other Fees Clause in Contracts

Closing Fee and other Fees. With respect to the First Initial Advance made hereunder, the Borrower paid to the Administrative Agent the Closing Fee. The Closing Fee was fully earned and due and payable on the initial Advance Date and may have been paid from the proceeds of the First Initial Advance. With respect to the first Advance on or following the Amended and Restated Closing Date, the Borrower paid to the Administrative Agent the Additional Closing Fee. With respect to the Fourth A&R Advance to be made hereunder, the Borrower shall pay to the Administrative Agent the Structuring Fee. The Structuring Fee shall be fully earned and due and payable by the Borrower to CSG Investments, Inc. on the Fourth A&R Closing Date. With respect to any other Additional Policy Advances, if any, the Borrower shall pay such fees and at such times as the Lenders and the Borrower shall agree. In the event that the Borrower requests an Advance hereunder such that after giving effect to such Advance, the principal amount of all Advances outstanding under this Loan Agreement would exceed the Borrowing Base, which request may be granted or withheld in the Lenders’ sole and absolute discretion, and such Advance is made on the related Advance Date, the Borrower shall pay to the Administrative Agent a fee in an amount equal to the product of (i) such excess and (ii) [*] 96324738v.8 percent ([*]%). Each such fee shall be fully earned and due and payable on the related Advance Date and may be paid from the proceeds of such Advance.

Closing Fee and other Fees. With respect to the First Initial Advance made hereunder, the Borrower paid to the Administrative Agent the Closing Fee. The Closing Fee was fully earned and due and payable on the initial Advance Date and may have been paid from the proceeds of the First Initial Advance. With respect to the first Advance on or following the Amended and Restated Closing Date, the Borrower paid to the Administrative Agent the Additional Closing Fee. The Additional Closing Fee was fully earned and due and payable on the related Advance Date. With respect to the Fourth Second A&R Advance made hereunder, the Borrower paid to the Administrative Agent each of the Amendment Fee and the Structuring Fee. Each of the Amendment Fee and the Structuring Fee was fully earned and due and payable on the related Advance Date. With respect to the Third A&R Advance to be made hereunder, the Borrower shall pay to the Administrative Agent the Third A&R Structuring Fee. The Third A&R Structuring Fee shall be fully earned and due and payable by the Borrower to CSG Investments, Inc. on the Fourth Third A&R Closing Date. With respect to any other Additional Policy Advances, if any, the Borrower shall pay such fees and at such times as the Lenders and the Borrower shall agree. In the event that the Borrower requests an Advance hereunder such that after giving effect to such Advance, the principal amount of all Advances outstanding under this Loan Agreement (other than, prior to the Conversion Date, the Third A&R Advance) would exceed the Borrowing Base, which request may be granted or withheld in the Lenders’ sole and absolute discretion, and such Advance is made on the related Advance Date, the Borrower shall pay to the Administrative Agent a fee in an amount equal to the product of (i) such excess and (ii) [*] 96324738v.8 three percent ([*]3.00%). Each such fee shall be fully earned and due and payable on the related Advance Date and may be paid from the proceeds of such Advance.

Closing Fee and other Fees. With respect to the First Initial Advance made hereunder, the Borrower paid to the Administrative Agent the Closing Fee. The Closing Fee was fully earned and due and payable on the initial Advance Date and may have been paid from the proceeds of the First Initial Advance. With respect to the first Advance on or following the Amended and Restated Closing Date, the Borrower paid to the Administrative Agent the Additional Closing Fee. The Additional Closing Fee was fully earned and due and payable on the related Advance Date. With respect to the Fourth A&R Advance to be made hereunderSecond Amended and Restated Closing Date Advance, the Borrower shall pay to the Administrative Agent each of the Amendment Fee and the Structuring Fee, which may be paid with the proceeds of the Second Amended and Restated Closing Date Advance. The Each of the Amendment Fee and the Structuring Fee shall be fully earned and due and payable by the Borrower to CSG Investments, Inc. on the Fourth A&R Closing related Advance Date. With respect to any other Additional Policy Advances, if any, the Borrower shall pay such fees and at such times as the Lenders and the Borrower shall agree. In the event that the Borrower requests an Advance hereunder such that after giving effect to such Advance, the principal amount of all Advances outstanding under this Loan Agreement would exceed the Borrowing Base, which request may be granted or withheld in the Lenders’ sole and absolute discretion, and such Advance is made on the related Advance Date, the Borrower shall pay to the Administrative Agent a fee in an amount equal to the product of (i) such excess and (ii) [*] 96324738v.8 three percent ([*]3.00%). Each such fee shall be fully earned and due and payable on the related Advance Date and may be paid from the proceeds of such Advance.