Common use of Calculation and Payment of Fees Clause in Contracts

Calculation and Payment of Fees. All of the above fees payable on a per annum percentage basis shall be calculated on the basis of the actual number of days elapsed in a 360-day year. All such fees shall be payable in addition to, and not in lieu of, interest, compensation, expense reimbursements, indemnification and other Obligations. Fees shall be payable to the Funding Agent at its office in New York, New York in immediately available funds. All fees shall be fully earned and nonrefundable when paid. All fees specified or referred to in this Agreement due to any Administrative Agent, any Issuing Bank or any Lender, including, without limitation, those referred to in this Section 4.03, shall bear interest, if not paid when due, at the interest rate for Base Rate Loans in accordance with Section 4.01(d), shall constitute Obligations and shall be secured by all of the Collateral.

Appears in 2 contracts

Samples: Credit Agreement (Foamex International Inc), Credit Agreement (Foamex Capital Corp)

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Calculation and Payment of Fees. All of the above fees payable on a per annum percentage basis shall be calculated on the basis of the actual number of days elapsed in a 360-day year. All such fees shall be payable in addition to, and not in lieu of, interest, compensation, expense reimbursements, indemnification and other Obligations. Fees shall be payable to the Funding Agent at its office in New York, New York in immediately available funds. All fees shall be fully earned and nonrefundable when paid. All fees specified or referred to in this Agreement due to any Administrative Agent, any Issuing Bank or any Lender, including, without limitation, those referred to in this Section 4.03, shall bear interest, if not paid when due, at the interest rate for Base Rate Loans in accordance with Section 4.01(d), shall constitute Obligations and shall be secured by all of the Collateral.with

Appears in 1 contract

Samples: Credit Agreement (Foamex Capital Corp)

Calculation and Payment of Fees. All of the above fees payable on a per annum percentage basis shall be calculated on the basis of the actual number of days elapsed in a 360-day year. All such fees shall be payable in addition to, and not in lieu of, interest, compensation, expense reimbursements, indemnification and other Obligations. Fees shall be payable to the Funding Agent at its office in New York, New York in immediately available funds. All fees shall be fully earned and nonrefundable when paid. All fees specified or referred to in this Agreement due to any Administrative Agenteither of the Agents, any Issuing Bank or any Lender, including, without limitation, those referred to in this Section 4.03, shall bear interest, if not paid when due, at the interest rate for Base Rate Loans in accordance with Section 4.01(d), shall constitute Obligations and shall be secured by all of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Foamex Capital Corp)

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Calculation and Payment of Fees. All of the above fees payable on a per annum percentage basis shall be calculated on the basis of the actual number of days elapsed in a 360-360- day year. All such fees shall be payable in addition to, and not in lieu of, interest, compensation, expense reimbursements, indemnification and other Obligations. Fees shall be payable to the Funding Agent at its office in New York, New York in immediately available funds. All fees shall be fully earned and nonrefundable when paid. All fees specified or referred to in this Agreement due to any Administrative Agent, any Issuing Bank or any Lender, including, without limitation, those referred to in this Section 4.03, shall bear interest, if not paid when due, at the interest rate for Base Rate Loans in accordance with Section 4.01(d), shall constitute Obligations and shall be secured by all of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Foamex Capital Corp)

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