Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Section 2.5(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 (M I Homes Inc), Credit Agreement (Meritage Homes CORP), Fourth Amendment (M/I Homes, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by under Section 2.5(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), First Lien Credit Agreement (Trinet Group Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by payable under Section 2.5(a2.09(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 (EQT Midstream Partners, LP), Credit Agreement (Noble Midstream Partners LP), Credit Agreement (CONE Midstream Partners LP)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by payable under Section 2.5(a2.09(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 13 contracts
Samples: Credit Agreement (Babcock & Wilcox Co), Credit Agreement (Carriage Services Inc), Credit Agreement (BWX Technologies, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.09(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 13 contracts
Samples: Credit Agreement (Mastec Inc), Credit Agreement (Methode Electronics Inc), Credit Agreement (Tetra Tech Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.09(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 11 contracts
Samples: Credit Agreement (Vectren Utility Holdings Inc), Revolving Credit Agreement (Voya Financial, Inc.), Revolving Credit Agreement (ING U.S., Inc.)
Certain Fees. (A) No A Defaulting Lender shall not be entitled to receive any unused commitment fee contemplated by payable under Section 2.5(a) 2.11 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 10 contracts
Samples: Revolving Credit Agreement (TCW Direct Lending LLC), Revolving Credit Agreement (TCW Direct Lending VII LLC), Revolving Credit Agreement (TCW Direct Lending LLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by under Section 2.5(a2.13(a) or any amendment fees, waiver fees, or similar 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 Defaulting Lender).
Appears in 10 contracts
Samples: Credit Agreement (Tiptree Inc.), Credit Agreement (Tiptree Inc.), Credit Agreement (Fortegra Group, Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by under Section 2.5(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 9 contracts
Samples: Credit Agreement (BlackRock Capital Investment Corp), Secured Revolving Credit Agreement (BlackRock Capital Investment Corp), Assignment and Assumption (BlackRock Kelso Capital CORP)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee payable under Section 2.5(a2.09(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 (EnerSys), Credit Agreement (Global Payments Inc), Credit Agreement (Global Payments Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(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 (Comstock Resources Inc), Credit Agreement (Comstock Oil & Gas Investments, LLC)
Certain Fees. (A) No Such Defaulting Lender shall not be entitled to receive any commitment fee contemplated by Section 2.5(afee, 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 7 contracts
Samples: Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (BRC Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by under Section 2.5(a2.13(a) 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 6 contracts
Samples: Credit Agreement (American CyberSystems Inc), Assignment and Assumption (Turning Point Brands, Inc.), Credit Agreement (Limbach Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by under Section 2.5(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: Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.09(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 (Granite Construction Inc), Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.11(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 (Kellogg Co), Credit Agreement (WestRock Co), Credit Agreement (WestRock Co)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by under Section 2.5(a3.05(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 (Lonestar Resources US Inc.), Credit Agreement (Lonestar Resources US Inc.), Credit Agreement (Lonestar Resources US Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.05(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 (AEP Texas Inc.), Credit Agreement (Southwestern Electric Power Co), Credit Agreement (Southwestern Electric Power Co)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by under Section 2.5(a2.12(a) or any amendment fees, waiver fees, or similar 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 Defaulting Lender).
Appears in 6 contracts
Samples: Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Delek US Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.09(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 (Maxlinear Inc), Credit Agreement (Cavium, Inc.), Credit Agreement (Xperi Holding Corp)
Certain Fees. (Ax) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee payable pursuant to Section 2.5(a2.11(a) for any period during which that such 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 such Defaulting Lender) and (y) each Defaulting Lender shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.11(b).
Appears in 6 contracts
Samples: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by under Section 2.5(a) 3.3 or under any New Term Facility Supplement 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 Loan Agreement (Viasat Inc), Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by under Section 2.5(a2.12(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 5 contracts
Samples: Credit Agreement (Minerals Technologies Inc), Credit Agreement (Minerals Technologies Inc), Credit Agreement (Minerals Technologies Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee pursuant to Section 2.5(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 such Defaulting Lender).
Appears in 5 contracts
Samples: Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Assignment and Assumption (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.)
Certain Fees. (Ax) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee payable pursuant to Section 2.5(a2.11(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) and (y) each Defaulting Lender shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.11(b).
Appears in 5 contracts
Samples: Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc)
Certain Fees. (A1) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.9(a)(i) 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 (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee pursuant to Section 2.5(a2.09(a) 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 (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by fees in accordance with Section 2.5(a2.11(a) 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 Defaulting Lender).
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (NRC Group Holdings Corp.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)
Certain Fees. (A) No Notwithstanding anything in Section 2.04(a) to the contrary, no Defaulting Lender shall be entitled to receive any commitment fee contemplated by Unused Commitment Fee payable under Section 2.5(a2.04(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 (Rayonier Inc), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)
Certain Fees. (A1) No That Defaulting Lender shall not be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.4(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 (Affiliated Managers Group, Inc.), Credit Agreement (Affiliated Managers Group, Inc.), Credit Agreement (Affiliated Managers Group, Inc.)
Certain Fees. (A) No A Defaulting Lender shall not be entitled to receive any unused commitment fee contemplated by payable under Section 2.5(a) 2.10 or Letter of Credit fees for any period during which that Lender is a Defaulting Lender (and the Borrower Parties 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: Revolving Credit Agreement (Franklin BSP Capital Corp), Revolving Credit Agreement (Franklin BSP Capital Corp), Credit Agreement (AGTB Private BDC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.9(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 (Adtalem Global Education Inc.), Credit Agreement (Devry Education Group Inc.), Credit Agreement (Hecla Mining Co/De/)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by or facility fee payable under Section 2.5(a2.09(a) or Section 2.09(b)(iii) or (iv) 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 (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Babcock & Wilcox Enterprises, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a3.05(a) 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 that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Chaparral Energy, Inc.), Credit Agreement (Grizzly Energy, LLC), Credit Agreement (Vanguard Natural Resources, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by fees payable under Section 2.5(a2.13(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 3 contracts
Samples: Credit Agreement (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive or accrue any commitment fee contemplated by pursuant to Section 2.5(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 3 contracts
Samples: Credit Agreement (Victory Capital Holdings, Inc.), Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.10(b) 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 3 contracts
Samples: Credit Agreement (DT Midstream, Inc.), Credit Agreement (Dte Energy Co), Credit Agreement (DT Midstream, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by fees pursuant to Section 2.5(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 3 contracts
Samples: Credit Agreement (Service Corp International), Credit Agreement (Service Corp International), Credit Agreement (Service Corp International)
Certain Fees. (A) No That Defaulting Lender shall not be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.09(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 3 contracts
Samples: Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.05(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 (Ohio Power Co), Credit Agreement (Southwestern Electric Power Co), Credit Agreement (Ohio Power Co)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee pursuant to Section 2.5(a2.05(a) for any period during which that such Lender is a Defaulting Lender (and and, except as otherwise provided in Section 2.05(a), the Applicable 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: Syndicated Facility Agreement (Civeo Corp), Syndicated Facility Agreement (Civeo Corp), Syndicated Facility Agreement (Civeo Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by fees pursuant to Section 2.5(a2.8(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 3 contracts
Samples: Credit Agreement (TTEC Holdings, Inc.), Security Agreement (Teletech Holdings Inc), Credit Agreement (TTEC Holdings, Inc.)
Certain Fees. (Ax) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee payable pursuant to Section 2.5(a2.11(a) 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) and (y) each Defaulting Lender shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.11(b).
Appears in 3 contracts
Samples: Security Agreement (MKS Instruments Inc), Assignment and Assumption (MKS Instruments Inc), Abl Credit Agreement (MKS Instruments Inc)
Certain Fees. (A) No That Defaulting Lender shall not be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.09(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 3 contracts
Samples: Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group)
Certain Fees. (A1) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee pursuant to Section 2.5(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 (National Health Investors Inc), Credit Agreement (National Health Investors Inc), Credit Agreement (National Health Investors Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by payable pursuant to Section 2.5(a2.9(a)(iii) or 2.9(a)(iv) 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 2 contracts
Samples: Credit Agreement (Intercontinental Exchange, Inc.), Credit Agreement (Intercontinental Exchange, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a) 5.1 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 (Mens Wearhouse Inc), Credit Agreement (Patriot National, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(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 2 contracts
Samples: Credit Agreement (Maxlinear Inc), Credit Agreement (Maxlinear, Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee payable under Section 2.5(a2.05(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 2 contracts
Samples: Credit Agreement (Invesco Ltd.), Credit Agreement (Invesco Ltd.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee pursuant to Section 2.5(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 2 contracts
Samples: Credit Agreement (Carmax Inc), Credit Agreement (Carmax Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee pursuant to Section 2.5(a2.09(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 2 contracts
Samples: Credit Agreement (Tetra Tech Inc), Credit Agreement (Tetra Tech Inc)
Certain Fees. (Ax) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by fees payable under Section 2.5(a2.09(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) and (y) each Defaulting Lender shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.03(h).
Appears in 2 contracts
Samples: Credit Agreement (Willis Group Holdings PLC), Credit Agreement (Willis Group Holdings PLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive or accrue any commitment fee contemplated by pursuant to Section 2.5(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 2 contracts
Samples: Credit Agreement (NorthStar Asset Management Group Inc.), Term Loan Credit Agreement (NorthStar Asset Management Group Inc.)
Certain Fees. (A) No Such Defaulting Lender shall not be entitled to receive any commitment fee contemplated by Section 2.5(afee, 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 2 contracts
Samples: Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)
Certain Fees. (A) No A Defaulting Lender shall not be entitled to receive any unused commitment fee contemplated by payable under Section 2.5(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 such Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (TCW Direct Lending LLC), Credit Agreement (TCW Direct Lending LLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.10(a)(i) for any period during which that such 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 such Defaulting Lender).
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (CVR Energy Inc), Credit and Guaranty Agreement (CVR Partners, Lp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by payable under Section 2.5(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 commitment fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Day Revolving Credit Agreement (Amazon Com Inc), Day Revolving Credit Agreement (Amazon Com Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by or facility fee payable under Section 2.5(a2.09(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 2 contracts
Samples: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Babcock & Wilcox Enterprises, Inc.)
Certain Fees. (A) No That Defaulting Lender shall not be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a) 2.13 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 (Cme Group Inc.), Credit Agreement (Cme Group Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(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 2 contracts
Samples: Credit Agreement (KKR Real Estate Finance Trust Inc.), Credit Agreement (Benefit Street Partners Realty Trust, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.9(a) hereof 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: Second Amendment Agreement (Universal Logistics Holdings, Inc.), Credit and Security Agreement (AvidXchange Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee payable under Section 2.5(a2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee Commitment Fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Safety, Income & Growth, Inc.), Credit Agreement (Safety, Income & Growth, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.11(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 2 contracts
Samples: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.11(a) 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 Defaulting Lender).;
Appears in 2 contracts
Samples: Credit Agreement (Camping World Holdings, Inc.), Credit Agreement (Camping World Holdings, Inc.)
Certain Fees. (A1) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(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 2 contracts
Samples: Credit Agreement (AMERICAN EAGLE ENERGY Corp), Credit Agreement (Medidata Solutions, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment unused Commitment fee contemplated by pursuant to Section 2.5(a2.04(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 2 contracts
Samples: Credit Agreement (Earthstone Energy Inc), Credit Agreement (Earthstone Energy Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee payable under Section 2.5(a2.09(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 2 contracts
Samples: And Senior Secured (Quiksilver Inc), Credit Agreement (Quiksilver Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.09(a) 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 2 contracts
Samples: Credit Agreement (Roku, Inc), Credit Agreement (Shutterfly Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by fees pursuant to Section 2.5(a2.12(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 2 contracts
Samples: Credit Agreement (Service Corporation International), Credit Agreement (Service Corporation International)
Certain Fees. (A) No That Defaulting Lender shall not be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.08(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 2 contracts
Samples: Credit Agreement (Linde PLC), Credit Agreement (Linde PLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee pursuant to Section 2.5(a2.09(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 2 contracts
Samples: Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee pursuant to Section 2.5(a2.09(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 2 contracts
Samples: Bridge Credit Agreement, Bridge Credit Agreement (Tetra Tech Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(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 2 contracts
Samples: Credit Agreement (Meredith Corp), Credit Agreement (Meredith Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee pursuant to Section 2.5(a2.09(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 such Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by under Section 2.5(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 2 contracts
Samples: Credit Agreement (Samson Oil & Gas LTD), Credit Agreement (Samson Oil & Gas LTD)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.7(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 2 contracts
Samples: Credit Agreement (Warren Resources Inc), Credit Agreement (Warren Resources Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.10(a)(i) for any period during which that such Revolving 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 2 contracts
Samples: Credit Agreement (Chrysler Group LLC), Credit Agreement (Chrysler Group LLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fees pursuant to Section 2.5(a5.4(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 2 contracts
Samples: Revolving Credit Agreement (Group 1 Automotive Inc), Revolving Credit Agreement (Group 1 Automotive Inc)
Certain Fees. (A) No Defaulting Lender shall not be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.09(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 2 contracts
Samples: Credit Agreement (Vectren Utility Holdings Inc), Credit Agreement (Vectren Utility Holdings Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by payable under Section 2.5(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 2 contracts
Samples: Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Section 2.5(apursuant to SECTION 2.12(a) for any period during which that Lender is a Defaulting Lender (and the Borrower no Loan Party 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: Revolving Credit Agreement, Revolving Credit Agreement (Enstar Group LTD)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.9(a)(ii) for any period during which that such Lender is a Defaulting Lender (and the Borrower Xxxxxxxx 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 2 contracts
Samples: Credit Agreement (Crawford & Co), Credit Agreement (Crawford & Co)
Certain Fees. (A) No That Defaulting Lender shall not be entitled to receive any unused commitment fee contemplated by pursuant to Section 2.5(a2.09(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 2 contracts
Samples: Credit Agreement (PMC Commercial Trust /Tx), Credit Agreement (PMC Commercial Trust /Tx)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.03(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 2 contracts
Samples: Credit Agreement (Ohio Power Co), Term Credit Agreement (Southwestern Electric Power Co)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by or facility fee payable under Section 2.5(a2.09(a) or Section 2.09(b)(iii) or (iv) 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).. --105-
Appears in 1 contract
Samples: Credit Agreement (Babcock & Wilcox Enterprises, Inc.)
Certain Fees. (A) No A)No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.13(a) 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 Defaulting Lender).;
Appears in 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(a2.09(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 such Defaulting Lender).
Appears in 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by payable pursuant to Section 2.5(a2.9(a)(ii) 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 1 contract
Samples: Assignment and Assumption (Intercontinental Exchange, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any unused commitment fee contemplated by payable under to Section 2.5(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 such Defaulting Lender); and (y) shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.11.
Appears in 1 contract
Samples: Revolving Credit Agreement (Invesco Commercial Real Estate Finance Trust, Inc.)
Certain Fees. (A1) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by under Section 2.5(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 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee pursuant to Section 2.5(a2.11(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 1 contract
Samples: Patent Security Agreement (Dole PLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment unused Commitment fee contemplated by pursuant to Section 2.5(a2.04(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee fees 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 contemplated by pursuant to Section 2.5(a2.03(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).. (iv)
Appears in 1 contract
Samples: Credit Agreement (Ohio Power Co)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by payable under Section 2.5(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 1 contract
Samples: Credit Agreement (Encore Wire Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by pursuant to Section 2.5(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 1 contract
Certain Fees. (Ax) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by Commitment Fee payable pursuant to Section 2.5(a2.11(a) for any period during which that such Lender is a Defaulting Lender (and the xxxxx 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) and (y) each Defaulting Lender shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.11(b).
Appears in 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any the commitment fee contemplated by fees described in Section 2.5(a2.10(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 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by fees payable under Section 2.5(a2.13(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).. (A) Each Defaulting Lender shall be entitled to receive participation fees payable under Section 2.13(b) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable 95
Appears in 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by under Section 2.5(a2.12(a) or any amendment fees, waiver fees, or similar 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 Defaulting Lender).. -148‑
Appears in 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee contemplated by payable pursuant to Section 2.5(a2.9(a)(ii) or 2.9(a)(iii) for any period during which that such Lender is a Defaulting Lender (and the Parent 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 (IntercontinentalExchange Group, Inc.)
