Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 216 contracts
Samples: Credit Agreement (Jagged Peak Energy Inc.), Credit Agreement (Paperweight Development Corp), Security Agreement (Martin Midstream Partners Lp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee commitment fee 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 126 contracts
Samples: Credit Agreement (Emc Corp), Credit Agreement (Midamerican Energy Co), Collateral Agreement (Diamondback Energy, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 83 contracts
Samples: Credit Agreement (Cerence Inc.), Incremental Assumption and Amendment Agreement (ADT Inc.), First Lien Credit Agreement (McGraw-Hill Global Education LLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 63 contracts
Samples: Credit Agreement (Element Solutions Inc), Credit Agreement (Parametric Sound Corp), Credit Agreement (DXP Enterprises Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 44 contracts
Samples: Credit Agreement (Builders FirstSource, Inc.), Revolving Credit Agreement (Community Choice Financial Inc.), Credit Agreement (DigitalOcean Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee commitment fee 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 19 contracts
Samples: Credit Agreement (Arcbest Corp /De/), Credit Agreement (Boulder Brands, Inc.), Credit Agreement (Arcbest Corp /De/)
Certain Fees. (A1) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 (Callon Petroleum Co), Credit Agreement (Rowan Companies PLC), Credit Agreement (Peabody Energy Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and and, except as provided in clause (C) below, 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 17 contracts
Samples: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/), Restatement Agreement (Centurylink, Inc)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 17 contracts
Samples: Credit Agreement (Amplify Energy Corp.), Credit Agreement (Qep Resources, Inc.), Credit Agreement (Lumos Networks Corp.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee commitment fee 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 Facility Agreement (Arch Capital Group Ltd.), Credit Agreement (Midamerican Funding LLC), Credit Agreement (Hancock Holding Co)
Certain Fees. (A) No Such Defaulting Lender shall not be entitled to receive any Commitment Fee Fee, any fees with respect to Letters of Credit (except as provided in clause (b) below) or any other fees hereunder 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 (Computer Programs & Systems Inc), Credit Agreement (Computer Programs & Systems Inc), Credit Agreement (Heritage Insurance Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Undrawn Fee or Letter of Credit Fee 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 (Forestar Group Inc.), Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 11 contracts
Samples: Credit Agreement (Arhaus, Inc.), Credit Agreement (Patheon Inc), Credit Agreement (PGT, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Unused Fee 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 10 contracts
Samples: Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co), Credit Agreement (Agco Corp /De)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 9 contracts
Samples: Guarantee and Collateral Agreement (Harsco Corp), Existing Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Unused Fee 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 and Security Agreement (Martin Marietta Materials Inc), Credit and Security Agreement (Martin Marietta Materials Inc), Intercreditor Agreement (Preferred Apartment Communities Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 (CatchMark Timber Trust, Inc.), Credit Agreement (Kforce Inc), Credit Agreement (CatchMark Timber Trust, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Unused Fee 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 (Tri Pointe Homes, Inc.), Credit Agreement (TRI Pointe Group, Inc.), Credit Agreement (Tri Pointe Homes, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee Commitment Fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 8 contracts
Samples: Credit Agreement (Nobilis Health Corp.), Senior Secured Credit Agreement (Advanced Disposal Services Glacier Ridge Landfill, LLC), First Lien Credit Agreement (RCS Capital Corp)
Certain Fees. (Aa) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 (Bloom Energy Corp), Credit Agreement (Sei Investments Co), Credit Agreement (Bloom Energy Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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: Credit Agreement (CatchMark Timber Trust, Inc.), Assignment and Assumption (McBc Holdings, Inc.), Credit and Guaranty Agreement (McBc Holdings, Inc.)
Certain Fees. That Defaulting Lender (A) No Defaulting Lender shall not be entitled to receive any Commitment Fee 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) and (B) shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.03(h).
Appears in 7 contracts
Samples: Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Keyw Holding Corp), Credit Agreement (Keyw Holding Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Unused Commitment Fee 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 (Otelco Inc.), Credit Agreement (ATN International, Inc.), Possession Credit Agreement (Extraction Oil & Gas, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment an Unused Fee 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 (Cole Real Estate Income Strategy (Daily Nav), Inc.), Credit Agreement (Cole Office & Industrial REIT (CCIT II), Inc.), Credit Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Revolving Commitment Fee 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 (Gray Television Inc), Credit Agreement (Gray Television Inc), Credit Agreement (Gray Television 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 6 contracts
Samples: Credit Agreement (Aegion Corp), Credit Agreement (Aegion Corp), Credit and Guaranty Agreement (Providence Service Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee fee or expenses pursuant to this Agreement 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: Financing and Servicing Agreement (HMS Income Fund, Inc.), Loan Financing and Servicing Agreement (HMS Income Fund, Inc.), Financing and Servicing Agreement (Capital Southwest Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 (Eagle Rock Energy Partners L P), Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Building Products CORP)
Certain Fees. (A) No Such Defaulting Lender shall not be entitled to receive any Commitment Fee Fee, any fees with respect to Letters of Credit (except as provided in clause (b) below) or any other fees hereunder 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 and Joinder (BurgerFi International, Inc.), Credit Agreement (FutureFuel Corp.), Credit Agreement (BurgerFi International, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 (Vici Properties Inc.), First Lien Credit Agreement (Vici Properties Inc.), Credit Agreement (Redbox Entertainment Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee fee payable hereunder or under any other Loan Document 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 and Security Agreement (loanDepot, Inc.), Credit and Security Agreement (loanDepot, Inc.), Credit and Security Agreement (loanDepot, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee commitment fee for any period during which that Lender Bank 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 5 contracts
Samples: Credit Agreement (Sanderson Farms Inc), Credit Agreement (Sanderson Farms Inc), Credit Agreement (Sanderson Farms Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee commitment fee or facility fee, 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 5 contracts
Samples: Whitestone Credit Agreement (Whitestone REIT), Assignment and Assumption (Whitestone REIT), Whitestone Credit Agreement (Pillarstone Capital Reit)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any Commitment Fee under Sections 3.13(a) for any period during which that the relevant Lender is a Defaulting Lender (and and, notwithstanding anything to the contrary herein, the Borrower shall not be required to pay any such fee Fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: Credit Agreement (NRG Yieldco, Inc.), Credit Agreement, Credit Agreement (NRG Yield, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Unused Commitment Fee for any period during which that Lender is a Defaulting Lender (and the Borrower Whirlpool 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: Assignment Agreement (Whirlpool Corp /De/), Long Term Credit Agreement (Whirlpool Corp /De/), Assignment Agreement (Whirlpool Corp /De/)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 5 contracts
Samples: Syndicated Facility Agreement (Aecom), Credit Agreement (Aecom), Credit Agreement (Aecom Technology Corp)
Certain Fees. (A) No Such Defaulting Lender shall not be entitled to receive any Commitment Fee Facility Fee, any fees with respect to Letters of Credit (except as provided in clause (b) below) or any other fees hereunder 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 (Physicians Realty Trust), Credit Agreement (Physicians Realty Trust), Credit Agreement (Healthpeak Properties, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 (Apollo Global Management, Inc.), Credit Agreement (Apollo Global Management LLC), Credit Agreement (Apollo Global Management LLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Facility Fee 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 (Essential Properties Realty Trust, Inc.), Credit Agreement (Essential Properties Realty Trust, Inc.), Credit Agreement (Essential Properties Realty Trust, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee commitment fee 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 (BIO-TECHNE Corp), Credit Agreement (BIO-TECHNE Corp), Credit Agreement (BIO-TECHNE Corp)
Certain Fees. (A) No Such Defaulting Lender shall not be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee Commitment Fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc)
Certain Fees. (Aa) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 (Platform Specialty Products Corp), Credit Agreement (Southwest Gas Corp), Credit Agreement (Centuri Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee or any Incremental Facility Commitment Fee 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 3 contracts
Samples: Credit Agreement (Constellium SE), Credit Agreement (Constellium N.V.), Credit Agreement (Constellium N.V.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 (Mallinckrodt PLC), Credit Agreement (Mallinckrodt PLC), Incremental Assumption Agreement (Mallinckrodt PLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 (Enhabit, Inc.), Credit Agreement (Herman Miller Inc), Credit Agreement (Encompass Health Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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: Incremental Assumption Agreement (Westrock Coffee Co), Credit Agreement (Westrock Coffee Co), Credit Agreement (Westrock Coffee Co)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee commitment fee 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 3 contracts
Samples: Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee on the unutilized portion of its Commitment 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: Abl Credit Agreement (Claire's Holdings LLC), Abl Credit Agreement (Claire's Holdings LLC), Abl Credit Agreement (Claire's Holdings LLC)
Certain Fees. (Ax) No Defaulting Lender shall be entitled to receive any Revolving Commitment Fee 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) and (y) each Defaulting Lender shall be limited in its right to receive Letter of Credit Participation Fees as provided in Section 2.15(c)(ii).
Appears in 3 contracts
Samples: Credit Agreement (McDermott International Inc), Credit Agreement (McDermott International Inc), Credit Agreement (McDermott International Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 (Oil States International, Inc), Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee Commitment Fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee commitment fee 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). Commitment fees shall cease to accrue on the unfunded portion of the Commitment of such Defaulting Lender pursuant to Section 3.05(a).
Appears in 3 contracts
Samples: Credit Agreement (Emerald Oil, Inc.), Credit Agreement (Emerald Oil, Inc.), Dip Credit Agreement
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and the U.S. 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 (GTT Communications, Inc.), Credit Agreement (GTT Communications, Inc.), Credit Agreement (GTT Communications, Inc.)
Certain Fees. (A) No A)No Defaulting Lender shall be entitled to receive any Commitment Fee 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 (Gastar Exploration Inc.), Credit Agreement (Cardtronics Inc), Credit Agreement (Cardtronics Inc)
Certain Fees. (A) No Such Defaulting Lender shall not be entitled to receive any Commitment Fee Fee, any fees with respect to Letters of Credit (except as provided in clause (B) below) or any other fees hereunder 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 (AdaptHealth Corp.), Credit Agreement (AdaptHealth Corp.), Credit Agreement (AdaptHealth Corp.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee Commitment Fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Ansys Inc), Credit Agreement (Ansys Inc), Credit Agreement (Ansys Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee commitment fee 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 (Mirae Asset Discovery Funds), Credit Agreement (Mirae Asset Discovery Funds), Credit Agreement (KCG Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and and, except as provided in clause (C) below, 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 (Adient LTD), Collateral Agreement (Johnson Controls Inc), Credit Agreement (Adient PLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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).. 108
Appears in 2 contracts
Samples: Incremental Assumption Agreement (AP Gaming Holdco, Inc.), First Lien Credit Agreement (Hostess Brands, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Undrawn Fee 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 2 contracts
Samples: Credit Agreement (Shea Homes Limited Partnership), Credit Agreement (Shea Homes Limited Partnership)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment commitment fee pursuant to the Fee Letters 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 2 contracts
Samples: Credit Agreement (Sundance Energy Inc.), Restructuring Support Agreement (Sundance Energy Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee Fee, any fees in respect of Letters of Credit (except as provided in clause (b) below) or any other fees hereunder 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 2 contracts
Samples: Credit Agreement (Pfsweb Inc), Credit Agreement (Pfsweb Inc)
Certain Fees. (Aa) No Defaulting Lender shall be entitled to receive any Unused Commitment Fee or L/C Participation Fee 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 2 contracts
Samples: Security Agreement (Houghton Mifflin Harcourt Co), Revolving Credit Agreement (Houghton Mifflin Harcourt Co)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee Ticking Fees 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 the Defaulting Lender).;
Appears in 2 contracts
Samples: Credit Agreement (Polaris Industries Inc/Mn), Credit Agreement (Polaris Industries Inc/Mn)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee Fees for any period during which that Term 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 2 contracts
Samples: Term Loan Facility Agreement (Cheniere Corpus Christi Holdings, LLC), Term Loan Facility Agreement (Cheniere Energy, Inc.)
Certain Fees. (Ax) No Defaulting Lender shall be entitled to receive any Commitment Fee 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) and (y) each Defaulting Lender shall be limited in its right to receive Letter of Credit Participation Fees as provided in Section 2.15(c)(ii).
Appears in 2 contracts
Samples: Credit Agreement (McDermott International Inc), Credit Agreement (McDermott International Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any the Commitment Fee or any amendment fees, waiver fees, or similar 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 2 contracts
Samples: Credit Agreement (ATN International, Inc.), Credit Agreement (ATN International, Inc.)
Certain Fees. (A) A. No Defaulting Lender shall be entitled to receive any Commitment Fee 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 2 contracts
Samples: Credit Agreement (Forum Energy Technologies, Inc.), Credit Agreement (Forum Energy Technologies, Inc.)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any Commitment Fee Fees for any period during which that Working Capital 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 2 contracts
Samples: Working Capital Facility Agreement (Cheniere Energy, Inc.), Working Capital Facility Agreement (Cheniere Corpus Christi Holdings, LLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and the Borrower ODEC 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 2 contracts
Samples: Credit Agreement (Old Dominion Electric Cooperative), Credit Agreement (Old Dominion Electric Cooperative)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Revolving Credit Commitment Fee 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 2 contracts
Samples: Credit Agreement (Tallgrass Energy GP, LP), Credit Agreement (Tallgrass Energy GP, LP)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Revolving Commitment Fee 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 2 contracts
Samples: Credit Agreement (Rovi Corp), Credit Agreement (TiVo Corp)
Certain Fees. (A) No Such Defaulting Lender shall not be entitled to receive any Revolving Commitment Fee Fee, any fees with respect to Letters of Credit (except as provided in clause (b) below) or any other fees hereunder 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 2 contracts
Samples: Loan and Security Agreement (Guardian Pharmacy Services, Inc.), Loan and Security Agreement (Guardian Pharmacy Services, Inc.)
Certain Fees. (A) No That Defaulting Lender shall not be entitled to receive any Commitment Fee commitment fee that may be payable in respect of its Commitments or Loans 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 2 contracts
Samples: Term Loan Credit Agreement (BRP Inc.), Term Loan Credit Agreement (BRP Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Unused Commitment Fee for any period during which that Lender is a Defaulting Lender (and the neither 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 2 contracts
Samples: Guaranty Agreement (Lufkin Industries Inc), Guaranty Agreement (Lufkin Industries Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee commitment fee or facility fee 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 2 contracts
Samples: Credit Agreement (Monmouth Real Estate Investment Corp), Credit Agreement (Monmouth Real Estate Investment Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Unused Commitment Fee for any period during which that Lender is a Defaulting Lender (and and, subject to clause (C) below, 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 2 contracts
Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment a Facility Fee and/or Unused Fee 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 2 contracts
Samples: Credit Agreement (Cole Real Estate Investments, Inc.), Credit Agreement (Cole Real Estate Investments, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Unused Commitment Fee 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 2 contracts
Samples: Term Loan Agreement (TAL International Group, Inc.), Credit Agreement (Seaboard Corp /De/)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Unused Commitment Fee 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 2 contracts
Samples: Credit Agreement (Alaska Communications Systems Group Inc), Credit Agreement (Alaska Communications Systems Group Inc)
Certain Fees. (A1) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 2 contracts
Samples: Credit Agreement (APi Group Corp), Credit Agreement (ICF International, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and and, except as provided in clause (C) below, the Borrower Parent 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 2 contracts
Samples: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and the Borrower Anixter 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 2 contracts
Samples: Year Revolving Credit Agreement (Anixter International Inc), And Incremental Facility Agreement (Anixter International Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period (and such fees shall cease to accrue with respect to such Defaulting Lender) 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 2 contracts
Samples: Credit Agreement (NCS Multistage Holdings, Inc.), Credit Agreement (NCS Multistage Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Revolving Credit Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee Commitment Fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Salix Pharmaceuticals LTD), Credit Agreement (Smart Sand, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and the Borrower BGI 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 2 contracts
Samples: Credit Agreement (Barnes Group Inc), Credit Agreement (Barnes Group Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 1 contract
Certain Fees. (Aa) No Defaulting Lender shall be entitled to receive any Commitment Fee commitment fee 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 1 contract
Samples: Credit Agreement (StoneX Group Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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).. (b)
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period fee payable to the Lenders during which period 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 1 contract
Samples: Unsecured Term Loan Agreement (First Industrial Lp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Revolving Facility Commitment Fee 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 1 contract
Samples: Business Loan and Security Agreement (ICF International, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and the Borrower Parent shall not be required to pay or cause to be paid any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Samples: Credit Agreement (Cardtronics PLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be Columbia – Second Amended and Restated Credit Agreement required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee or any Ticking Fee for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee Commitment Fee or any Ticking Fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Samples: Credit Agreement (Workday, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 1 contract
Certain Fees. (AI) No Defaulting Lender shall be entitled to receive any Commitment Fee 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 1 contract
Samples: Credit Agreement (Enhabit, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Unused Commitment Fee or L/C Participation Fee 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 1 contract
Samples: Revolving Credit Agreement (HMH Holdings (Delaware), Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Revolving Credit Commitment Fee or Delayed Draw Commitment Fee 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 1 contract
Samples: Credit Agreement (Media General Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any Commitment Fee for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee or any other fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. (A) No A)No Defaulting Lender shall be entitled to receive any Commitment Fee 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 1 contract
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.)
