Commitment Fee definition
Examples of Commitment Fee in a sentence
If the Company shall have elected on the Closing Date to pay the entire Commitment Fee to the Investor in cash, the Company shall cause the entire Commitment Fee to be paid to the Investor in cash not later than the first (1st) Trading Day immediately after the Closing Date by wire transfer of immediately available funds to an account designated by the Investor on or prior to the Closing Date.
On or prior to the Closing Date, the Company shall have provided written notice to the Investor that the Company has elected to pay the entire Commitment Fee to the Investor either in cash or by the issuance of the Commitment Shares to the Investor pursuant to and in accordance with this Section 10.1(ii).
For the avoidance of doubt, the Outstanding Amount of Swing Line Loans shall not be taken into consideration in determining the Commitment Fee.
Notwithstanding the foregoing, in no event shall the Commitment Fee or the Applicable Rate for any Loan or Letter of Credit Fee be less than zero.
If the Company has elected to pay the Commitment Fee by issuing the Commitment Shares pursuant to this Agreement, the Commitment Shares have been duly authorized by all necessary corporate action on the part of the Company.