Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 49 contracts
Sources: Term Loan Credit Agreement (Biogen Inc.), Credit Agreement (Sylvamo Corp), Credit Agreement (Sound Point Meridian Capital, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.12(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 23 contracts
Sources: Credit and Security Agreement (Fidelity Private Credit Fund), Credit and Security Agreement (Fidelity Private Credit Fund), Amendment No. 2 to Facility Documents (Blue Owl Technology Income Corp.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 20 contracts
Sources: Credit Agreement (Array Digital Infrastructure, Inc.), Credit Agreement (Reaves Utility Income Fund), Credit Agreement (Tortoise Midstream Energy Fund, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) or 2.07(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 15 contracts
Sources: Omnibus Amendment to Loan Documents (Lord Abbett Private Credit Fund), Credit Agreement (Apollo Debt Solutions BDC), Credit Agreement (Blue Owl Credit Income Corp.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a) 2.09 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender pursuant to Section 2.09 for any period during which that Lender is a Defaulting Lender), and the Borrower shall not be required to pay the remaining amount of such fee that otherwise would have been required to have been paid to that Defaulting Lender.
Appears in 14 contracts
Sources: Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.)
Certain Fees. No A Defaulting Lender shall not be entitled to receive any fee payable under Unused Fee pursuant to Section 2.09(a) 2.11 for any period during which that such Lender is a Defaulting Lender (and 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 11 contracts
Sources: Mezzanine Credit Agreement, Credit Agreement (Strategic Storage Growth Trust, Inc.), Credit Agreement (Strategic Storage Growth Trust, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) or 2.07(b) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 10 contracts
Sources: Credit Agreement (Blackstone Secured Lending Fund), Credit Agreement (Blackstone / GSO Secured Lending Fund), Credit Agreement (Highland Floating Rate Opportunities Fund)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 8 contracts
Sources: Credit Agreement (Adeia Inc.), Credit Agreement (Adeia Inc.), Credit Agreement (Xperi Holding Corp)
Certain Fees. No That Defaulting Lender shall not be entitled to receive any ticking fee payable under pursuant to Section 2.09(a2.11(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 8 contracts
Sources: Senior Unsecured Bridge Credit Agreement (Medtronic Inc), Senior Unsecured Term Loan Credit Agreement (Medtronic Inc), Senior Unsecured Cash Bridge Credit Agreement (Medtronic Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(aSections 2.09(a)(i), 2.09(a)(ii) or 2.09(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 7 contracts
Sources: Credit Agreement (Lamb Weston Holdings, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 7 contracts
Sources: Credit Agreement (Cboe Global Markets, Inc.), Credit Agreement (Global Partners Lp), Credit Agreement (Cboe Global Markets, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.07 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 7 contracts
Sources: Credit Agreement (Franklin Resources Inc), Credit Agreement (Cohen & Steers, Inc.), Credit Agreement (Cohen & Steers, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 3.2 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
Sources: Assignment, Acceptance and Amendment No. 5 to Amended and Restated Credit Agreement (Abrdn Asia-Pacific Income Fund, Inc.), Credit Agreement (Abrdn Asia-Pacific Income Fund, Inc.), Credit Agreement (Abrdn Asia-Pacific Income Fund, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Sources: Senior Secured Revolving Credit Agreement (Kayne Anderson BDC, Inc.), Senior Secured Revolving Credit Agreement (Crescent Capital BDC, Inc.), Senior Secured Revolving Credit Agreement (Kayne Anderson BDC, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Sources: Credit Agreement (Smith & Wesson Brands, Inc.), 364 Day Term Loan and Guaranty Agreement (James Hardie Industries PLC), Credit Agreement (Smith & Wesson Holding Corp)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a3.2(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
Sources: Credit Agreement (Aristotle Funds Series Trust), Credit Agreement (Blackstone / GSO Floating Rate Enhanced Income Fund), Credit Agreement (Blackstone / GSO Floating Rate Enhanced Income Fund)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee Commitment Fee payable under pursuant to Section 2.09(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
Sources: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such commitment fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Sources: 364 Day Revolving Credit Agreement (Amazon Com Inc), 364 Day Revolving Credit Agreement (Amazon Com Inc), 364 Day Revolving Credit Agreement (Amazon Com Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee Commitment Fee payable under pursuant to Section 2.09(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
Sources: Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee fees payable under Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Sources: Credit Agreement (Avery Dennison Corp), Credit Agreement (Avery Dennison Corp), Credit Agreement (Avery Dennison Corp)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee fees payable under Section 2.09(a) 3.9 for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Sources: Credit Agreement (Myriad Genetics Inc), Credit Agreement (Caris Life Sciences, Inc.), Credit Agreement (Caris Life Sciences, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Sources: Credit Agreement, Credit Agreement (Amazon Com Inc), Credit Agreement (Amazon Com Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee Fee payable under pursuant to Section 2.09(a2.10(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Sources: Term Loan Agreement (Agree Realty Corp), Term Loan Agreement (Agree Realty Corp), Term Loan Agreement (Agree Realty Corp)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(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 such Defaulting Lender).
Appears in 4 contracts
Sources: Credit and Security Agreement (LGAM Private Credit LLC), Credit and Security Agreement (LGAM Private Credit LLC), Credit and Security Agreement (LGAM Private Credit LLC)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Sources: Borrowing Base Agreement (TXO Partners, L.P.), Credit Agreement (TXO Partners, L.P.), Borrowing Base Agreement (TXO Partners, L.P.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.4(a) or Section 2.4(b) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 4 contracts
Sources: Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Mezzanine Loan and Security Agreement (Velo3D, Inc.)
Certain Fees. (1) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(2) With respect to any fees not required to be paid to any Defaulting Lender pursuant to clause (1) above, the Borrower shall not be required to pay the remaining amount of any such fee.
Appears in 4 contracts
Sources: Credit Agreement (Blue Capital Reinsurance Holdings Ltd.), Credit Agreement (Montpelier Re Holdings LTD), Credit Agreement (Fidelity & Guaranty Life)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee fees payable under Section 2.09(a) 2.06, or otherwise, for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender)
(B) With respect to any fees payable under Section 2.06, or otherwise, not required to be paid to any Defaulting Lender pursuant to clause (A) above, Borrower shall not be required to pay the remaining amount of any such fee.
Appears in 4 contracts
Sources: Syndicated Facility Agreement and Unconditional Guaranty (Resmed Inc), Credit Agreement, Syndicated Facility Agreement (Resmed Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.9(a) (Fees) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Sources: Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a1.3(b) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 3 contracts
Sources: Loan and Security Agreement (Ziopharm Oncology Inc), Loan and Security Agreement (AVROBIO, Inc.), Loan and Security Agreement (Inmune Bio, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) [Reserved].
(C) With respect to any fee payable under Section 2.09(a) or (b), the Borrower shall not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Sources: Credit Agreement (Andeavor Logistics Lp), Credit Agreement (Tesoro Logistics Lp), Credit Agreement (Tesoro Corp /New/)
Certain Fees. No A Defaulting Lender shall not be entitled to receive any fee payable under Unused Fee pursuant to Section 2.09(a) 2.11 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
Sources: Credit Agreement (Mobile Infrastructure Corp), Credit Agreement (MVP REIT, Inc.), Credit Agreement (MVP REIT II, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee Commitment Fee payable under pursuant to Section 2.09(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
Sources: Abl Credit Agreement (MKS Instruments Inc), Abl Credit Agreement (MKS Instruments Inc), Abl Credit Agreement (MKS Instruments Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under pursuant to Section 2.09(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 3 contracts
Sources: Credit Agreement (LendingTree, Inc.), Credit Agreement (Roku, Inc), Credit Agreement (Shutterfly Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under pursuant to Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Sources: Credit Agreement (Maxlinear, Inc), Credit Agreement (Maxlinear, Inc), Credit Agreement (Maxlinear Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.09 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Sources: Second Lien Term Loan Credit Agreement (Nabors Industries LTD), Credit Agreement (Franklin Resources Inc), Term Loan Credit Agreement (Parker Drilling Co /De/)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) [Reserved].
(C) [Reserved].
Appears in 3 contracts
Sources: Credit Agreement (Adeptus Health Inc.), Credit Agreement (Adeptus Health Inc.), Credit Agreement (Adeptus Health Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under pursuant to Section 2.09(a2.5(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 3 contracts
Sources: Credit Agreement (Franklin BSP Realty Trust, Inc.), Credit Agreement (KKR Real Estate Finance Trust Inc.), Credit Agreement (Benefit Street Partners Realty Trust, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.4(a) or Section 2.4(b) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 3 contracts
Sources: Loan and Security Agreement (Phathom Pharmaceuticals, Inc.), Loan and Security Agreement (Phathom Pharmaceuticals, Inc.), Loan and Security Agreement (Axsome Therapeutics, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) or (c) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Sources: Term Loan Credit Agreement (Uber Technologies, Inc), Bridge Credit Agreement (Uber Technologies, Inc), Bridge Credit Agreement (Uber Technologies, Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the 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
Sources: Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols SA)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.3(b) or Section 2.3(c) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 3 contracts
Sources: Loan and Security Agreement (Taysha Gene Therapies, Inc.), Loan and Security Agreement (Axonics, Inc.), Mezzanine Loan and Security Agreement (Verrica Pharmaceuticals Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(b) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
(B) [Reserved]
(C) [Reserved].
Appears in 3 contracts
Sources: Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a) 2.5 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 2 contracts
Sources: Loan and Security Agreement (TechTarget Inc), Loan and Security Agreement (TechTarget Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee Fee payable under Section 2.09(aSections 3.6.(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Term Loan Agreement (Corporate Office Properties, L.P.), Term Loan Agreement (Corporate Office Properties, L.P.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Non-Use Fee pursuant to Section 2.09(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
Sources: Credit Agreement, Credit Agreement
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Credit Agreement (KVH Industries Inc \De\), Credit Agreement (Media General Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee 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 2 contracts
Sources: Term Loan Agreement (Healthcare Trust of America Holdings, LP), Term Loan Agreement (Healthcare Realty Trust Inc)
Certain Fees. (1) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.08 for any period during which that Lender Bank is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(2) [Reserved].
(3) [Reserved].
Appears in 2 contracts
Sources: Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.07 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).not
Appears in 2 contracts
Sources: Credit Agreement (Franklin Resources Inc), Credit Agreement (Franklin Resources Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section pursuant to Sections 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 2 contracts
Sources: Senior Secured Credit Agreement (First Trust Private Credit Fund), Senior Secured Credit Agreement (First Trust Enhanced Private Credit Fund)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.10(a) (Fees) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Credit and Guaranty Agreement
Certain Fees. No Defaulting Lender shall be entitled to receive any fee Unused Fee payable under Section 2.09(a2.07(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
Sources: Credit Agreement (Starwood Property Trust, Inc.), Credit Agreement (Starwood Property Trust, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a3.5(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Credit Agreement (Cpi Aerostructures Inc), Credit Agreement (Cpi Aerostructures Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.09 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 2 contracts
Sources: Amendment No. 9 (Ares Capital Corp), Omnibus Amendment (Ares Capital Corp)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.11 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
Sources: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (BRC Group Holdings, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Credit Agreement (Fresh Del Monte Produce Inc), Superpriority Secured Debtor in Possession Credit Agreement (FTD Companies, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.12(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Senior Secured Delayed Draw Term Loan Credit Agreement (New Fortress Energy LLC), Senior Secured Delayed Draw Term Loan Credit Agreement (NFE Financial Holdings LLC)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.07 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Credit Agreement (Rexford Industrial Realty, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(apursuant to Sections 2.11(a) and (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
Sources: Senior Secured Credit Agreement (AB Private Lending Fund), Senior Secured Credit Agreement (AB Private Lending Fund)
Certain Fees. No Defaulting Lender shall be entitled to receive any unused Commitment fee payable under pursuant to Section 2.09(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
Sources: Credit Agreement (Earthstone Energy Inc), Credit Agreement (Earthstone Energy Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee Unused Fee payable under pursuant to Section 2.09(a2.09(b) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) or 2.05(b) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 2 contracts
Sources: Credit Agreement (Blackstone Secured Lending Fund), Credit Agreement (Blackstone Secured Lending Fund)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Deed of Amendment and Restatement (Pra Group Inc), Term Loan Credit Agreement (Biogen Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) or Section 2.07(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 2 contracts
Sources: Omnibus Amendment to Loan Documents (Palmer Square Capital BDC Inc.), Credit Agreement (Palmer Square Capital BDC Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Commitment Fee pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Bridge Credit Agreement (Tetra Tech Inc), Bridge Credit Agreement
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.08 for any period during which that Lender Bank is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties)
Certain Fees. No Defaulting Lender shall be entitled to receive or accrue any commitment fee payable under pursuant to Section 2.09(a2.12(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Term Loan Credit Agreement (NorthStar Asset Management Group Inc.), Revolving Bridge Credit Agreement (NorthStar Asset Management Group Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.08(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Credit Agreement (Employers Holdings, Inc.), Credit Agreement (Employers Holdings, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.9(b) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 2 contracts
Sources: Credit Agreement (Accuray Inc), Credit Agreement (K2m Group Holdings, Inc.)
Certain Fees. No That Defaulting Lender (1) shall not be entitled to receive any unused fee payable under pursuant to Section 2.09(a2.5(c) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender)) and (2) shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.11.
Appears in 2 contracts
Sources: Credit Agreement (Unit Corp), Credit Agreement
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Credit Agreement (Potlatch Corp), Credit Agreement (Body Central Corp)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a) 2.5 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 2 contracts
Sources: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.2(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
Sources: Credit Agreement (ArrowMark Financial Corp.), Loan and Security Agreement (Guild Holdings Co)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee Unused Fee payable under Section 2.09(a2.08(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Sources: Credit Agreement (Starwood Property Trust, Inc.), Credit Agreement (Starwood Property Trust, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee Unused Fee payable under Section 2.09(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.4(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).. SECOND AMENDED AND RESTATED CREDIT AGREEMENT – Page 112
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under pursuant to Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.4(c) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under pursuant to Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower 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
Sources: Credit Agreement (WestRock Co)
Certain Fees. No Defaulting Lender shall be entitled to receive any unused Commitment fee payable under pursuant to Section 2.09(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. No Defaulting Lender shall be entitled to receive any ticking fee payable under pursuant to Section 2.09(a) 2.09 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Sources: Credit Agreement (Vectren Corp)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under Section pursuant to Section 2.09(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 1 contract
Sources: Credit Agreement (LendingTree, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee Unused Commitment Fee payable under Section 2.09(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 1 contract
Sources: Credit Agreement (Rayonier Inc)
Certain Fees. (a) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower C▇▇▇▇▇▇▇▇ 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. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.12(a) for any period during which that Lender is a Defaulting -79- USActive 60140401.11 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 1 contract
Sources: Credit and Security Agreement (SLR Private Credit BDC II LLC)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) or Section 2.09(b)(ii) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Sources: Credit Agreement (Synnex Corp)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee Commitment Fee payable under pursuant to Section 2.09(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
Sources: Term Loan Credit Agreement (Intercontinental Exchange, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 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 1 contract
Sources: Super Priority Dip Credit Agreement
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a1.3(a) or Section 1.3(b) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any fee ticking fees payable under Section 2.09(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the 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 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.9(b) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender, nor shall any such fee accrue).
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any unused Commitment fee payable under pursuant to Section 2.09(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 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.13(b) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) or (b) (except, with respect to Section 2.09(b), to the extent such Defaulting Lender holds any Loans) 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 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(b) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a) 2.08 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 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any fee Commitment Fee payable under Section 2.09(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 1 contract
Sources: Credit Agreement (Invesco Ltd.)