Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 288 contracts
Samples: Credit Agreement (Cadence Design Systems Inc), Credit Agreement (Biogen Inc.), Security and Pledge Agreement (Sylvamo Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 98 contracts
Samples: Credit Agreement (Pra Group Inc), Security Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Kirkland's, Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.9(b) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 64 contracts
Samples: Credit Agreement (Health Catalyst, Inc.), Credit Agreement (Ribbon Communications Inc.), Credit Agreement (Appian Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 43 contracts
Samples: Credit Agreement (Quanta Services, Inc.), Credit Agreement (Watsco Inc), Credit Agreement (Ceco Environmental Corp)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee Fee payable under Section 2.09(a3.5.(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 40 contracts
Samples: Credit Agreement (NETSTREIT Corp.), Credit Agreement (Diversified Healthcare Trust), Credit Agreement (NETSTREIT Corp.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 4 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 37 contracts
Samples: Intercreditor Agreement (OneStream, Inc.), Credit Agreement (BrightView Holdings, Inc.), First Lien Credit Agreement (BrightSpring Health Services, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 34 contracts
Samples: Credit Agreement (Sylvamo Corp), Credit Agreement (Quanta Services, Inc.), Credit Agreement (Sound Point Meridian Capital, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 34 contracts
Samples: Credit Agreement (American Financial Group Inc), Credit Agreement (Mercury General Corp), Credit Agreement (Berkley W R Corp)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee Fee payable under Section 2.09(a3.5(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 22 contracts
Samples: Credit Agreement (United Homes Group, Inc.), Credit Agreement (American Homes 4 Rent, L.P.), Credit Agreement (United Homes Group, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 18 contracts
Samples: Credit Agreement (Reaves Utility Income Fund), Credit Agreement (Tortoise Midstream Energy Fund, Inc.), Credit Agreement (Telephone & Data Systems Inc /De/)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.12(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 17 contracts
Samples: Credit and Security Agreement (Diameter Credit Co), Credit and Security Agreement (Blue Owl Credit Income Corp.), Credit and Security Agreement (Blue Owl Technology Income Corp.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable fees under Section 2.09(a2.5(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 15 contracts
Samples: Credit Agreement (CorePoint Lodging Inc.), Credit Agreement (CorePoint Lodging Inc.), Credit Agreement (ESH Hospitality, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 15 contracts
Samples: Credit Agreement (Carriage Services Inc), Credit Agreement, Credit Agreement (Carriage Services Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a) 2.09 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender pursuant to Section 2.09 for any period during which that Lender is a Defaulting Lender), and the Borrower shall not be required to pay the remaining amount of such fee that otherwise would have been required to have been paid to that Defaulting Lender.
Appears in 14 contracts
Samples: Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under Section 2.09(a2.12(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 14 contracts
Samples: Credit Agreement (Trinet Group, Inc.), Credit Agreement (Trinet Group, Inc.), Credit Agreement (Trinet Group, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting LenderLender except as set forth in clause (C) below).
Appears in 14 contracts
Samples: Credit Agreement (Equitrans Midstream Corp), Credit Agreement (Equitrans Midstream Corp), Credit Agreement (Noble Midstream Partners LP)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 12 contracts
Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp), Security Agreement (Suburban Propane Partners Lp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.3(c) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 11 contracts
Samples: Credit Agreement (LandBridge Co LLC), Credit Agreement (LandBridge Co LLC), Credit Agreement (Sunnova Energy International Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 10 contracts
Samples: Credit Agreement (Dycom Industries Inc), Credit Agreement (Dycom Industries Inc), Credit Agreement (Dycom Industries Inc)
Certain Fees. (Ai) No Revolving Lender that is a Defaulting Lender shall be entitled to receive any fee Fee payable under Section 2.09(a3.5.(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 10 contracts
Samples: Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust)
Certain Fees. (Ai) No Defaulting Lender that is a Revolving Lender shall be entitled to receive any fee Fee payable under Section 2.09(a3.5.(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 9 contracts
Samples: Credit Agreement (Elme Communities), Credit Agreement (Elme Communities), Credit Agreement (Washington Real Estate Investment Trust)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 4 for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 9 contracts
Samples: Credit Agreement (GoDaddy Inc.), Credit Agreement (GoDaddy Inc.), Credit Agreement (GoDaddy Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee Commitment Fee payable under Section 2.09(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 9 contracts
Samples: Credit Agreement (Global Payments Inc), Credit Agreement (EnerSys), Credit Agreement (Global Payments Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) or 2.07(b) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 9 contracts
Samples: Credit Agreement (Blackstone Secured Lending Fund), Credit Agreement (Blackstone / GSO Secured Lending Fund), Credit Agreement (Highland Floating Rate Opportunities Fund)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 4 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 9 contracts
Samples: First Lien Credit Agreement (HireRight Holdings Corp), First Lien Credit Agreement (Focus Financial Partners Inc.), First Lien Credit Agreement (HireRight Holdings Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) or Section 2.09(b) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 8 contracts
Samples: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 8 contracts
Samples: Credit Agreement (Pultegroup Inc/Mi/), Credit Agreement (Azz Inc), Assignment and Assumption (Celadon Group Inc)
Certain Fees. (Ai) No Defaulting Lender that is a Revolving Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.4 or 2.5, as applicable, for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 8 contracts
Samples: Credit Agreement (Kite Realty Group, L.P.), Credit Agreement (Kite Realty Group, L.P.), Credit Agreement (Retail Properties of America, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 8 contracts
Samples: Credit Agreement (Global Partners Lp), Credit Agreement (Global Partners Lp), Credit Agreement (Global Partners Lp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee Unused Fee payable under Section 2.09(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 8 contracts
Samples: Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Apple Hospitality REIT, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 5.4 for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 8 contracts
Samples: Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts Inc)
Certain Fees. (A) No That Defaulting Lender shall not be entitled to receive any ticking fee payable under pursuant to Section 2.09(a2.11(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 8 contracts
Samples: Term Loan Credit Agreement (Medtronic Inc), Senior Unsecured Bridge Credit Agreement (Medtronic Inc), Bridge Credit Agreement (Medtronic Inc)
Certain Fees. (A) No Revolving Lender that is a Defaulting Lender shall be entitled to receive any fee portion of the Facility Fee payable under Section 2.09(a2.10(a) for any period during which that Revolving Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 7 contracts
Samples: Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee Fee payable under Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay to such Defaulting Lender any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 7 contracts
Samples: Credit Agreement (Hyatt Hotels Corp), Credit Agreement (Hyatt Hotels Corp), Credit Agreement (Hyatt Hotels Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) or 2.09(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 7 contracts
Samples: Credit Agreement (Silicon Laboratories Inc.), Credit Agreement (Silicon Laboratories Inc.), Credit Agreement (Silicon Laboratories Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.8(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 7 contracts
Samples: Credit Agreement (Extreme Networks Inc), Credit Agreement (Extreme Networks Inc), Credit Agreement (Digi International Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 7 contracts
Samples: Revolving Credit Agreement (Mattel Inc /De/), Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under pursuant to Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 7 contracts
Samples: Credit Agreement (Globant S.A.), Credit Agreement (Kirby Corp), Credit Agreement (Comstock Resources Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 7 contracts
Samples: Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 7 contracts
Samples: Revolving Credit Agreement (Hasbro, Inc.), Revolving Credit Agreement (Hasbro, Inc.), Credit Agreement (Potlatchdeltic Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee fees payable under Section 2.09(a) 2.09, or otherwise, for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Samples: Credit Agreement (Resmed Inc), Credit Agreement, Assignment and Assumption (Resmed Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a), Section 2.09(b) or Section 2.09(c)(ii) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Samples: Credit Agreement (Docusign, Inc.), Credit Agreement (Docusign, Inc.), Credit Agreement (Concentrix Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Samples: Credit Agreement (Smith & Wesson Brands, Inc.), Day Term Loan and Guaranty Agreement (James Hardie Industries PLC), Credit Agreement (Smith & Wesson Holding Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.4(c) or for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Samples: Credit Agreement (Bgsf, Inc.), Credit Agreement (Bgsf, Inc.), Credit Agreement (Bgsf, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Samples: Revolving Credit Agreement (Invesco Real Estate Income Trust Inc.), Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.), Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee fees payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Samples: Credit Agreement (Broadcom Inc.), Credit Agreement (Dell Technologies Inc.), Credit Agreement (Broadcom Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(aSections 2.09(a)(i), 2.09(a)(ii) or 2.09(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Samples: Credit Agreement (Lamb Weston Holdings, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Samples: Credit Agreement (Celestica Inc), Credit Agreement (Saltchuk Resources, Inc.), Credit Agreement (Celestica Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(a) for any period during which that such Revolving Credit Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: Credit Agreement (Clearway Energy, Inc.), Credit Agreement (NRG Yield, Inc.), Credit Agreement
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any portion of such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee the Fee payable under Section 2.09(a3.5.(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee Fee to a Defaulting Lender that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 5 contracts
Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.09 for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(aSections 2.09(a)(i), 2.09(a)(ii) or 2.09(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: Credit Agreement (Lamb Weston Holdings, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: Revolving Credit Agreement (BrightSphere Investment Group Inc.), Revolving Credit Agreement (BrightSphere Investment Group Inc.), Revolving Credit Agreement (BrightSphere Investment Group Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) or Section 2.09(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Griffin-American Healthcare REIT III, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the no Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: Credit Agreement (Clarcor Inc.), Credit Agreement (Tile Shop Holdings, Inc.), Credit Agreement (Clarcor Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(a) for any period during which that Revolving Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: First Lien Credit Agreement (Sequential Brands Group, Inc.), First Lien Credit Agreement (Sequential Brands Group, Inc.), First Lien Credit Agreement (Sequential Brands Group, Inc.)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 5.1 for any period during which that Lender is a Defaulting Lender (and the no Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: Security Agreement (MIDDLEBY Corp), Credit Agreement (Middleby Corp), Pledge Agreement (Middleby Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.9(b) for any period during which that such Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 5 contracts
Samples: Credit Agreement (Benefitfocus,Inc.), Credit Agreement (Benefitfocus,Inc.), Credit Agreement (Benefitfocus,Inc.)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee Fee payable under Section 2.09(a3.6(a), (b) or (d) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: Credit Agreement (National Storage Affiliates Trust), Credit Agreement (National Storage Affiliates Trust), Credit Agreement (National Storage Affiliates Trust)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.4(c) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (FlexEnergy Green Solutions, Inc.), Credit Agreement (FlexEnergy Green Solutions, Inc.), Credit Agreement (Natural Gas Services Group Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.9(a) (Fees) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.07 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Cohen & Steers, Inc.), Term Loan Credit Agreement (Cboe Global Markets, Inc.), Credit Agreement (Franklin Resources Inc)
Certain Fees. (A) No Each Defaulting Lender shall not be entitled to receive any fee fees payable under Section 2.09(a2.09(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that each such Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee fees payable under Section 2.09(a) 2.06, or otherwise, for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Syndicated Facility Agreement (Resmed Inc), Credit Agreement, Syndicated Facility Agreement (Resmed Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.12 for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Genesco Inc), Credit Agreement (Genesco Inc), Credit Agreement (GameStop Corp.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.13(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting LenderLender for such period).
Appears in 4 contracts
Samples: Credit Agreement (EVERTEC, Inc.), Credit Agreement (EVERTEC, Inc.), Credit Agreement (EVERTEC, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.6(b) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement, Credit Agreement (Pagaya Technologies Ltd.), Credit Agreement (UiPath, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Cboe Global Markets, Inc.), Credit Agreement (Cboe Global Markets, Inc.), Credit Agreement (Cboe Global Markets, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.09(i) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Holdings Inc.)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(aSections 2.09(b) or 2.09(c) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (American Realty Capital Trust IV, Inc.), Credit Agreement (American Realty Capital Properties, Inc.), Credit Agreement (American Realty Capital Trust III, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement, Credit Agreement (Amazon Com Inc), Credit Agreement (Amazon Com Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) or 2.07(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Owl Rock Core Income Corp.), Credit Agreement (HPS Corporate Lending Fund), Credit Agreement (Nuveen Churchill Private Capital Income Fund)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(aSECTIONS 2.19(b) or 2.19(c) for any period during which that Lender is a Defaulting Lender (and the no Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Possession Credit Agreement (Toys R Us Inc), Intercreditor Agreement (Toys R Us Inc), Intercreditor Agreement (Toys R Us Inc)
Certain Fees. (A1) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.08 for any period during which that Lender Bank is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties)
Certain Fees. (A) No A)No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (TopBuild Corp), Credit Agreement (Matson, Inc.), Credit Agreement (TopBuild Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.12(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee fees payable under Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Avery Dennison Corp), Credit Agreement (Avery Dennison Corp), Credit Agreement (Avery Dennison Corp)
Certain Fees. (A1) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Blue Capital Reinsurance Holdings Ltd.), Credit Agreement (Montpelier Re Holdings LTD), Credit Agreement (Fidelity & Guaranty Life)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Xxxxxxxxx shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee payable under fees in connection with Section 2.09(a) 2.09 of this Agreement for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee Fee payable under Section 2.09(aSections 3.6.(a) and 3.6.(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Corporate Office Properties Trust), Credit Agreement (Corporate Office Properties, L.P.), And Consolidated Credit Agreement (Corporate Office Properties, L.P.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.09 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Trex Co Inc), Credit Agreement (Trex Co Inc), Credit Agreement (Intersections Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a) 2.6 for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (DoubleVerify Holdings, Inc.), Credit Agreement (DoubleVerify Holdings, Inc.), Credit Agreement (DoubleVerify Holdings, Inc.)
Certain Fees. (A1) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender for any period during which that Lender is a Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Caci International Inc /De/), Credit Agreement (Caci International Inc /De/), Credit Agreement (Caci International Inc /De/)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) or (b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Global Cash Access Holdings, Inc.), Credit Agreement (Cabot Microelectronics Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section Sections 2.09(a) or 2.09(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Concentrix Corp), Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Senior Secured Revolving Credit Agreement and Guarantee and Security Agreement (Crescent Capital BDC, Inc.), Secured Revolving Credit Agreement (Crescent Capital BDC, Inc.), Revolving Credit Agreement (Crescent Capital BDC, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a4.02(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Devon Energy Corp/De), Credit Agreement (Devon Energy Corp/De), Credit Agreement (Devon Energy Corp/De)
Certain Fees. (A) No Revolving Lender that is a Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(a) for any period during which that Revolving Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.3(b) or Section 2.3(c) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 3 contracts
Samples: Loan and Security Agreement (Taysha Gene Therapies, Inc.), Loan and Security Agreement (Axonics, Inc.), Mezzanine Loan and Security Agreement (Verrica Pharmaceuticals Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: 4 and Borrowing Base Agreement (TXO Partners, L.P.), Credit Agreement (TXO Partners, L.P.), Credit Agreement (MorningStar Partners, L.P.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.08 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Dream Finders Homes, Inc.), Credit Agreement (Dream Finders Homes, Inc.), Credit Agreement (Dream Finders Homes, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a) 2.9 for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (XOOM Corp), Credit Agreement (XOOM Corp), Credit Agreement (XOOM Corp)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee Fee payable under Section 2.09(a3.5(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender, other than as provided in Section 3.9(c)(iii) below).
Appears in 3 contracts
Samples: Revolving Credit Agreement (Ps Business Parks, Inc./Md), Revolving Credit Agreement (Ps Business Parks Inc/Ca), Revolving Credit Agreement (Ps Business Parks Inc/Ca)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) or 2.09(b) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.), Credit Agreement (Alexion Pharmaceuticals Inc)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee Fee payable under Section 2.09(a3.6.(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee Fee that otherwise would have been required to have been paid to or for the account of that Defaulting Lender).
Appears in 3 contracts
Samples: Amended And (Washington Real Estate Investment Trust), Credit Agreement (Washington Real Estate Investment Trust), Designation Agreement (Washington Real Estate Investment Trust)
Certain Fees. (A) No Lender that is a Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Paramount Group, Inc.), Credit Agreement (Paramount Group, Inc.), Credit Agreement (Paramount Group, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(aSECTION 2.19(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Pier 1 Imports Inc/De), Credit Agreement (Pier 1 Imports Inc/De), Credit Agreement (Pier 1 Imports Inc/De)
Certain Fees. (A) No A)No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.9(b) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Enfusion, Inc.), Credit Agreement (Enfusion, Inc.), Credit Agreement (Enfusion, Inc.)
