Common use of Restructuring Fee Clause in Contracts

Restructuring Fee. (a) Pursuant to clause 4.1 (Restructuring Fee) of the First Global Deed of Amendment and Restatement, the Borrower is required to pay to the BPIFAE Agent (for the account of each Lender pro rata to the proportion of each Lender’s Commitment) a restructuring fee in an amount equal to two point five per cent. (2.5%) of the Total Commitments as at the First Effective Date, being US$14,658,550 (the “Restructuring Fee”) which amount shall become due on the First Effective Date and shall be payable in accordance with paragraph (b) below. (b) Pursuant to clause 4.2 (Restructuring Fee Payment) of the First Global Deed of Amendment and Restatement, the Borrower has agreed to pay the Restructuring Fee on the following dates: (i) an amount equal to forty per cent. (40%) of the Restructuring Fee (being US$5,863,420) on or prior to the First Effective Date as a condition precedent to the occurrence thereof; and (ii) an amount equal to sixty per cent. (60%) of the Restructuring Fee (being US$8,795,130) on 30 June 2017 (or such earlier date as all principal, interest and other amounts outstanding under this Agreement have been repaid in full). (c) For the avoidance of doubt, the Restructuring Fee is payable in accordance with the First Global Deed of Amendment and Restatement and this Clause 11.5 does not create a separate obligation to pay such fee pursuant to this Agreement.

Restructuring Fee. (a) Pursuant to clause 4.1 (Restructuring Fee) of the First Global Deed of Amendment and Restatement, the Borrower is required to pay to the BPIFAE COFACE Agent (for the account of each Lender pro rata to the proportion of each Lender’s Commitment) a restructuring fee in an amount equal to two point five per cent. (2.5%) of the Total Commitments as at the First Effective Date, being US$14,658,550 (the “Restructuring Fee”) which amount shall become due on the First Effective Date and shall be payable in accordance with paragraph (b) below. (b) Pursuant to clause 4.2 (Restructuring Fee Payment) of the First Global Deed of Amendment and Restatement, the Borrower has agreed to pay the Restructuring Fee on the following dates: (i) an amount equal to forty per cent. (40%) of the Restructuring Fee (being US$5,863,420) on or prior to the First Effective Date as a condition precedent to the occurrence thereof; and (ii) an amount equal to sixty per cent. (60%) of the Restructuring Fee (being US$8,795,130) on 30 June 31 December 2017 (or such earlier date as all principal, interest and other amounts outstanding under this Agreement have been repaid in full). (c) For the avoidance of doubt, the Restructuring Fee is payable in accordance with the First Global Deed of Amendment and Restatement and this Clause 11.5 does not create a separate obligation to pay such fee pursuant to this Agreement.