12Non-Use Fee Sample Clauses

12Non-Use Fee. If during any calendar month between the period beginning one year after the Effective Date (as defined in the Receivables Loan Agreement) and ending on the last day of the calendar month in which the Borrowing Term (as defined in the Receivables Loan Agreement) expires, the highest combined unpaid principal balance of the Loan and the Receivables Loan during such calendar month is at any time less than $30,000,000, then within five Business Days following the end of any such calendar month, Borrower shall pay to Lender a non-use fee (the "Non-Use Fee") of one-half percent (.5%) per annum on the difference between $30,000,000 and the largest combined unpaid principal balance during such calendar month then ended under the Loan and the Receivables Loan. However, in the event the combined unpaid principal balance of this Loan and the Receivables Loan is equal to or greater than $30,000,000 during such calendar month, then no Non‑Use Fee shall be due and payable (the foregoing covenant, the “Non-Use Fee Covenant”). The Non-Use Fee under this Agreement is the same Non-Use Fee payable under the Receivables Loan and only one Non-Use Fee is payable. Notwithstanding the foregoing, in the event Borrower prepays the Receivables Loan, in full or in part, from the proceeds of a Securitization, the Non-Use Fee Covenant will be suspended from the period commencing on the calendar month in which such prepayment occurs and ending on the calendar month 12 months thereafter. After the expiration of such 12-month period, the Non-Use Fee Covenant shall resume.  6284.98.1115736.11