US Dollar Facility Fee Letter Agreement
Category: Lending
Re: US DOLLAR FACILITY FEE LETTER AGREEMENT
Ladies and Gentlemen:
This US Dollar Facility Fee Letter Agreement (this “Agreement”) is delivered to you in connection with the Loan Agreement to be entered into on the date hereof (the “Loan Agreement”) among Synutra International, Inc., as the Borrower (the “Borrower”), ABN AMRO Bank N.V., as the Arranger (the “Arranger”), ABN AMRO Bank N.V., as the Collateral Agent and the Administrative Agent (the “Administrative Agent”), and the Lenders party thereto (the “Lenders”).
WHEREAS, in order to induce the Arranger, the Administrative Agent and the Lenders to enter into the Loan Agreement, the Borrower has agreed to enter into this Agreement with the Arranger and the Administrative Agent.
NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
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Terms defined in the Loan Agreement and not otherwise defined herein have, as used herein, the respective meanings provided for therein.
1. FEES. In connection with the Loan Agreement, the Borrower agrees with the Arranger and the Administrative Agent as follows:
(a) The Borrower will pay to the Arranger for its own account, as contemplated by the Letter Agreement entered into between ABN AMRO Bank N.V., Hong Kong Branch and the Borrower dated March 29, 2007 (the “Commitment Letter”), a fee (the “Arrangement Fee”) of 2.00% of the aggregate amount of the Commitment, as in effect on the Closing Date. The Arrangement Fee shall be for arranging the transactions contemplated in the Loan Agreement. The Arrangement Fee shall be earned upon the execution of the Loan Agreement. The Arrangement Fee shall be payable on the earlier of (x) the date of the first Credit Extension under the Loan Agreement and (y) the fifth Business Day after the Closing Date.
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