Common use of Restructuring Fee Clause in Contracts

Restructuring Fee. Borrower shall pay to Lender a fully-earned and non-refundable restructuring fee in the aggregate amount of $3,000,000 (the “Restructuring Fee”) in accordance with the following schedule: $1,000,000 at the time of the execution of the Summary of Terms dated April 28, 2008 accepted by Borrower on April 28, 2008 (which amount Lender acknowledges and agrees that Borrower has paid), $1,000,000 on June 30, 2008, and $1,000,000 on September 30, 2008.

Restructuring Fee. The Borrower shall pay to the Lender a fully-earned and non-refundable restructuring fee in the aggregate amount of $3,000,000 225,000 as follows: (the “Restructuring Fee”a) in accordance with the following schedule: $1,000,000 at the time of the execution of the Summary of Terms dated 112,500 which has been paid, on 26 April 28, 2008 accepted by Borrower 2010 and (b) $112,500 which shall be payable on April 28, 2008 (which amount Lender acknowledges and agrees that Borrower has paid), $1,000,000 on June 30, 2008, and $1,000,000 on 30 September 30, 20082010.