Modification Fees Clause Samples

Modification Fees. On the Effective Date, the Plan Debtor shall pay 125 basis points (1.25%) of outstanding unpaid principal balance of the Amended Note (“UPB”) as of the Effective Date to the Secured Debt Holder.

Modification Fees. Borrower shall pay a modification fee to the Lender in connection with this Modification in the amount of One Hundred Thousand and No/100 Dollars ($100,000.00) (the “Seventh Loan Modification Fee”), which fee shall be paid in full on the Effective Date hereof by wire transfer. Borrower has previously agreed to pay a modification fee to the Lender in connection with the Sixth Modification in the amount of Four Hundred Ninety-One Thousand Nine Hundred Eighty-Eight and No/100 Dollars ($491,988.00) (the “Sixth Loan Modification Fee”), which fee shall accrue interest at the Stated Rate from the date of the Sixth Modification until paid in full; such repayment terms being hereafter restated in this Modification. The Sixth Loan Modification Fee shall continue to be due and payable as follows: (a) On the First Interest Payment Date, Borrower shall make a payment of all then accrued and unpaid interest on the Sixth Loan Modification Fee. (b) On each and every successive Payment Date thereafter through and including the Maturity Date, Borrower shall make monthly payments of all accrued and unpaid interest on the Sixth Loan Modification Fee. (c) Commencing January 28, 2012 and continuing on each and every successive Payment Date thereafter through November 28, 2018, in addition to monthly payments of interest on the Sixth Loan Modification Fee, Borrower shall make monthly payments of a portion of the Sixth Loan Modification Fee in the amount of Five Thousand Eight Hundred Fifty-Seven and 00/100 Dollars ($5,857.00) each. (d) On the Maturity Date, Borrower shall pay the entire unpaid balance of the Sixth Loan Modification Fee, together with all accrued but unpaid interest thereon at the Stated Rate.

Modification Fees. Upon the execution of this Amendment No. 4, the Borrower agrees to pay the Banks a fee, in accordance with their respective Commitment Percentage, in the amount of three eighths of one percent (3/8%) of the Advance Value of the Benchmark Apartments and Providence Apartments.

Modification Fees. In consideration of Lenders' review and processing of any amendment, waiver or other modification of any Loan Document, Borrowers will pay to Agent all expenses associated with such modification in accordance with Section 9.4.

Modification Fees. (i) The Borrower shall pay to the Administrative Agent on the Closing Date, for the account of each Bank which has committed to fund the "Increase Amount" (as shown on Schedule "1"), non-refundable fees in an amount equal to four-tenths of one percent (0.40%) of the amount of such Bank's "Increase Amount" (as shown on Schedule "1"), for an aggregate fee of $200,000.00. (ii) The Borrower shall pay to the Administrative Agent on the Closing Date, for the account of each Bank which has funded the "Existing Revolving Commitment" (as shown on Schedule "1") and which has also committed to fund the "Increase Amount" (as shown on Schedule "1"), non-refundable fees in an amount equal to one-tenth of one percent (0.10%) of the amount of such Bank's "Increase Amount" (as shown on Schedule "1"), for an aggregate fee of $30,000.00. (iii) The Borrower shall pay to the Administrative Agent on the Closing Date, for the account of each Bank which has funded the "Existing Revolving Commitment" (as shown on Schedule "1") and which has not committed to fund the "Increase Amount" (as shown on Schedule "1"), non-refundable fees in the amount of $5,000.00.

Modification Fees. Upon execution of this Fourth Modification, Borrower shall pay to Bank the modification fees described in the letter to Borrower from Bank dated September 20, 2013 regarding the modification of terms and conditions of the Facilities.

Modification Fees. If Tenant requests any modification or amendment to this Lease, including any request for termination, Tenant shall reimburse Landlord for Landlord's reasonable attorney's fees for the review, negotiation and drafting of each such instrument and for Landlord's reasonable administrative costs incurred in the processing of each such request. The foregoing attorney's fees and administrative costs shall be due and payable upon Landlord's written demand, whether or not the modification, amendment or termination is ultimately executed and delivered.

Modification Fees. (i) The Borrower shall pay to the Administrative Agent on the Closing Date, for the account of each Bank which has committed to fund the "Increase Amount" (as shown on Schedule "1"), non-refundable fees in an amount equal to three-sixteenths of one percent (0.1875%) of the amount of such Bank's "Increase Amount" (as shown on Schedule "1"), for an aggregate fee of $56,250.00. (ii) The Borrower shall pay to the Administrative Agent on the Closing Date, for the account of each Bank which has funded the "Existing Revolving Commitment" (as shown on Schedule "1"), non-refundable fees in an amount equal to one-tenth of one percent (0.10%) of the amount of such Bank's "Existing Revolving Commitment" (as shown on Schedule "1"), for an aggregate fee of $170,000.00.

Modification Fees. Borrower shall pay Lender non-refundable modification fees (collectively, “Modification Fees”) as follows: (a) First Modification Fee. A first modification fee in the total amount of $1,593,878.21 (the “First Modification Fee”), which is 1.0% of the Principal Balance, shall be deemed earned by Lender and due to Lender on the Execution Date and payable simultaneously with each Property Release under the terms of Section 2.3.4 of the Loan Agreement, as amended by this Agreement. At the time of each such Property Release, Borrower shall pay a portion of the First Modification Fee in the amount of 1% of the Net Sale Proceeds (as defined below). To the extent that the First Modification Fee has not been paid in full from Property Releases by July 1, 2017 (the “First Performance Date”) and provided there has been no Event of Default after the Effective Date to and including the First Performance Date, such failure shall not constitute an Event of Default and Borrower shall pay the remaining unpaid balance of the First Modification Fee from Property Releases after the First Performance Date. Upon any Event of Default after the Effective Date, the remaining unpaid balance of the First Modification Fee shall be payable in full. Borrower acknowledges and agrees that the First Modification Fee shall be deemed earned by Lender and due to Lender on the Execution Date notwithstanding the date(s) upon which Borrower is to pay the First Modification Fee and the date upon which Borrower ultimately pays the Indebtedness, and shall not be applied by Lender at any time to reduce the Indebtedness.