Common use of Commitment Fee; Reductions in Aggregate Commitment Clause in Contracts

Commitment Fee; Reductions in Aggregate Commitment. (a) The Borrower agrees to pay to the Agent for the account of each Lender according to its Pro Rata Share a commitment fee at a per annum rate equal to the Applicable Fee Rate on the average daily unused portion of Aggregate Commitment from the date hereof to and including the Facility Termination Date, payable quarterly in arrears on each Payment Date hereafter and on the Facility Termination Date. (b) The Borrower may permanently reduce the Aggregate Commitment in whole, or in part by reducing each of the Aggregate Revolving Credit Commitment and the Aggregate Facility LC Commitment ratably among the Lenders in integral multiples of $5,000,000, upon at least three Business Day's written notice to the Agent, which notice shall specify the amount of any such reduction, provided, however, that (i) the amount of the Aggregate Commitment may not be reduced below the Aggregate Outstanding Credit Exposure; (ii) the amount of the Aggregate Revolving Credit Commitment shall not be reduced below the amount of outstanding Revolving Credit Loans, and, (iii) the Aggregate Facility LC Commitment shall not be reduced below the amount of the LC Obligations. All accrued commitment fees shall be payable on the effective date of any termination of the obligations of the Lenders to make Credit Extensions hereunder.

Commitment Fee; Reductions in Aggregate Commitment. (a) The Borrower agrees to pay to the Agent for the account of each Lender according to its Pro Rata Share a commitment fee at a per annum rate equal to the Applicable Fee Rate on the average daily unused portion excess of the Aggregate Commitment over the Aggregate Outstanding Credit Exposure (other than Swing Line Loans) from the date hereof Effective Date to and including the Facility Termination Date, payable quarterly in arrears on each Payment Date hereafter and on the Facility Termination Date. (b) The Borrower may permanently reduce the Aggregate Commitment in whole, whole or in part by reducing each of the Aggregate Revolving Credit Loan Commitment and the Aggregate Facility LC Commitment ratably among the Lenders in integral multiples of $5,000,000, upon at least three Business Day's ’s prior written notice to the Agent, which notice shall specify the amount of any such reduction, provided, however, that (i) the amount of the Aggregate Commitment may not be reduced below the Aggregate Outstanding Credit Exposure; , (ii) the amount of the Aggregate Revolving Credit Loan Commitment shall not be reduced below the amount sum of outstanding Revolving Credit Loans, and, Loans and outstanding Financial LC Obligations and (iii) the Aggregate Facility LC Commitment shall not be reduced below the amount of the LC Obligations. All accrued commitment fees shall be payable on the effective date of any termination of the obligations of the Lenders to make Credit Extensions hereunder.

Commitment Fee; Reductions in Aggregate Commitment. (ai) The Borrower agrees to pay to the Agent for the account of each Lender according to its Pro Rata Share a commitment fee at a per annum rate equal to the Applicable Fee Rate on the average daily unused portion of Available Aggregate Commitment from the date hereof to and including the Facility Termination Date, payable quarterly in arrears on each Payment Date hereafter and on the Facility Termination Date. (b) . The Borrower may permanently reduce the Aggregate Commitment in whole, or in part by reducing each of either the Aggregate Revolving Credit Commitment and or the Aggregate Facility LC Commitment ratably among the Lenders in integral multiples of $5,000,00010,000,000, upon at least three Business Day's written notice to the Agent, which notice shall specify the amount of any such reductionreduction and which of the Aggregate Revolving Credit Commitment or the Aggregate Facility LC Commitment is being reduced, provided, however, that (i) the amount of the Aggregate Commitment may not be reduced below the Aggregate Outstanding Credit Exposure; (ii) the amount of the Aggregate Revolving Credit Commitment shall not be reduced below the amount of outstanding Revolving Credit Loans, and, (iii) the Aggregate Facility LC Commitment Agreement shall not be reduced below the amount of the LC Obligations. All accrued commitment fees shall be payable on the effective date of any termination of the obligations of the Lenders to make Credit Extensions hereunder. (ii) The Aggregate Commitment, the Aggregate Revolving Credit Commitment, and the corresponding Commitments of each Lender shall be automatically and permanently reduced to the extent and in the manner set forth in Sections 2.2(iv) and (v).

Commitment Fee; Reductions in Aggregate Commitment. (a) The Borrower agrees to pay to the Agent for the account of each Lender according to its Pro Rata Share a commitment fee at a per annum rate equal to the Applicable Fee Rate on the average daily unused portion of Aggregate Commitment from the date hereof to and including the Facility Termination Date, payable quarterly in arrears on each Payment Date hereafter and on the Facility Termination Date. (b) The Borrower may permanently reduce the Aggregate Commitment in whole, or in part by reducing each of the Aggregate Revolving Credit Commitment and the Aggregate Facility LC Commitment ratably among the Lenders in integral multiples of $5,000,000, upon at least three Business Day's ’s written notice to the Agent, which notice shall specify the amount of any such reduction, provided, however, that (i) the amount of the Aggregate Commitment may not be reduced below the Aggregate Outstanding Credit Exposure; (ii) the amount of the Aggregate Revolving Credit Commitment shall not be reduced below the amount of outstanding Revolving Credit Loans, and, (iii) the Aggregate Facility LC Commitment shall not be reduced below the amount of the LC Obligations. All accrued commitment fees shall be payable on the effective date of any termination of the obligations of the Lenders to make Credit Extensions hereunder.

Commitment Fee; Reductions in Aggregate Commitment. (ai) The Borrower agrees to pay to the Agent for the account of each Lender according to its Pro Rata Share a commitment fee at a per annum rate equal to as determined by the Applicable Fee Rate Pricing Schedule on the average daily unused unborrowed portion of Aggregate Commitment from the date hereof to and including the Facility Termination Date, payable quarterly in arrears on each Payment Date hereafter and on to the Facility Termination Date. Lenders (b) including the Agent). The Borrower may permanently reduce the Aggregate Commitment in whole, or in part by reducing each ratably among the Lenders in integral multiples of $10,000,000 (and any such reduction will reduce the Aggregate Revolving Credit Commitment and the Aggregate Facility LC Commitment ratably among the Lenders in integral multiples of $5,000,000pro tanto), upon at least three Business Day's written notice to the Agent, which notice shall specify the amount of any such reductionreduction and which of the Aggregate Revolving Credit Commitment or the Aggregate Facility LC Commitment is being reduced, provided, however, that (i) the amount of the Aggregate Commitment may not be reduced below the Aggregate Outstanding Credit Exposure; (ii) the amount of the Aggregate Revolving Credit Commitment shall not be reduced below the amount of outstanding Revolving Credit Loans, and, (iii) the Aggregate Facility LC Commitment Agreement shall not be reduced below the amount of the LC Obligations. All accrued commitment fees shall be payable on the effective date of any termination of the obligations of the Lenders to make Credit Extensions hereunder. (ii) The Aggregate Commitment, the Aggregate Revolving Credit Commitment, and the corresponding Commitments of each Lender shall be automatically and permanently reduced to the extent and in the manner set forth in Section 2.2(iv).

Commitment Fee; Reductions in Aggregate Commitment. (ai) The Borrower agrees to pay to the Agent for the account of each Lender according to its Pro Rata Share a commitment fee at a per annum rate equal to the Applicable Fee Rate on the average daily unused portion of Available Aggregate Commitment from the date hereof Closing Date to and including the Facility Termination Date, payable quarterly in arrears on each Payment Date hereafter and on the Facility Termination Date. (b) . The Borrower may permanently reduce the Aggregate Commitment in whole, or in part by reducing each of either the Aggregate Revolving Credit Commitment and or the Aggregate Facility LC Commitment ratably among the Lenders in integral multiples of $5,000,00010,000,000, upon at least three Business Day's written notice to the Agent, which notice shall specify the amount of any such reductionreduction and which of the Aggregate Revolving Credit Commitment or the Aggregate Facility LC Commitment is being reduced, provided, however, that (i) the amount of the Aggregate Commitment may not be reduced below the Aggregate Outstanding Credit Exposure; (ii) the amount of the Aggregate Revolving Credit Commitment shall not be reduced below the amount of outstanding Revolving Credit Loans, and, (iii) the Aggregate Facility LC Commitment Agreement shall not be reduced below the amount of the LC Obligations. All accrued commitment fees shall be payable on the effective date of any termination of the obligations of the Lenders to make Credit Extensions hereunder. (ii) The Aggregate Commitment, the Aggregate Revolving Credit Commitment, and the corresponding Commitments of each Lender shall be automatically and permanently reduced to the extent and in the manner set forth in Sections 2.2(iv).

Commitment Fee; Reductions in Aggregate Commitment. (a) The Borrower agrees to pay to the Agent for the account of each Lender according to its Pro Rata Share a commitment fee at a per annum rate equal to the Applicable Fee Rate on the average daily unused portion excess of the Aggregate Commitment over the Aggregate Outstanding Credit Exposure (other than Swing Line Loans) from the date hereof Restatement Effective Date to and including the Facility Termination DateDate applicable to such Lender, payable quarterly in arrears on each Payment Date hereafter and on the such Facility Termination Date. (b) The Borrower may permanently reduce the Aggregate Commitment in whole, whole or in part by reducing each of the Aggregate Revolving Credit Commitment and the Aggregate Facility LC Commitment ratably among the Lenders in integral multiples of $5,000,000, upon at least three Business Day's ’s prior written notice to the Agent, which notice shall specify the amount of any such reduction, provided, however, that (i) the amount of the Aggregate Commitment may not be reduced below the Aggregate Outstanding Credit Exposure; Exposure and (ii) the amount of the Aggregate Revolving Credit Commitment shall not be reduced below the amount of outstanding Revolving Credit Loans, and, (iii) the Aggregate Facility LC Commitment shall not be reduced below the amount of the LC Obligations. All accrued commitment fees shall be payable on the effective date of any termination of the obligations of the Lenders to make Credit Extensions hereunder. The Aggregate Commitment and the Aggregate Facility LC Commitment shall each be automatically reduced (x) in the case of the 2010 Lenders, on the 2010 Termination Date by the aggregate amount of the Commitments of all of the 2010 Lenders and (y) in the case of the 2011 Lenders, on the 2011 Termination Date by the aggregate amount of the Commitments of all of the 2011 Lenders.

Commitment Fee; Reductions in Aggregate Commitment. (a) The Borrower agrees to pay to the Agent for the account of each Lender according to its Pro Rata Share a commitment fee at a of 0.25% per annum rate equal to the Applicable Fee Rate on the average daily unused portion of Available Aggregate Commitment from the date hereof to and including the Facility Termination Date, payable quarterly in arrears on each Payment Date hereafter and on the Facility Termination Date. (b) . The Borrower may permanently reduce the Aggregate Commitment in whole, or in part by reducing each of the Aggregate Revolving Credit Commitment and the Aggregate Facility LC Commitment ratably among the Lenders in integral the minimum amount of $500,000 (and in multiples of $5,000,000100,000 if in excess thereof), upon at least three five Business Day's Days' written notice to the Agent, which notice shall specify the amount of any such reduction, provided, however, that (i) the amount of the Aggregate Commitment may not be reduced below the Aggregate Outstanding Credit Exposure; (ii) the amount of the Aggregate Revolving Credit Commitment shall not be reduced below the amount of outstanding Revolving Credit Loans, and, (iii) the Aggregate Facility LC Commitment shall not be reduced below the amount of the LC Obligations. All accrued commitment fees shall be payable on the effective date of any termination of the obligations of the Lenders to make Credit Extensions hereunder. 5. Except to the extent its provisions are specifically amended, modified or superseded by this Eighth Amendment, the representations, warranties and affirmative and negative covenants of the Borrower contained in the Credit Agreement are incorporated herein by reference for all purposes as if copied herein in full. The Borrower hereby restates and reaffirms each and every term and provision of the Credit Agreement, as amended, including, without limitation, all representations, warranties and affirmative and negative covenants. Except to the extent its provisions are specifically amended, modified or superseded by this Eighth Amendment, the Credit Agreement, as amended, and all terms and provisions thereof shall remain in full force and effect, and the same in all respects are confirmed and approved by the parties hereto. 6. Borrower and each Guarantor acknowledge and agree that this Eighth Amendment shall not be considered a novation or a new contract. Borrower and each Guarantor acknowledge that all existing rights, titles, powers, Liens, security interests and estates in favor of the Lenders constitute valid and existing obligations and Liens and security interests as against the Collateral in favor of the Agent for the benefit of the Lenders. Borrower and each Guarantor confirm and agree that (a) neither the execution of this Eighth Amendment nor the consummation of the transactions described herein shall in any way effect, impair or limit the covenants, liabilities, obligations and duties of the Borrower and each Guarantor under the Loan Documents, and (b) the obligations evidenced and secured by the Loan Documents continue in full force and effect. Each Guarantor hereby further confirms that it unconditionally guarantees to the extent set forth in the Guaranty the due and punctual payment and performance of any and all amounts and obligations owed the Borrower under the Credit Agreement or the other Loan Documents. 7. Borrower and each Guarantor that has executed or is executing any mortgage, security agreement, pledge, or other security device as security for the obligations under the Credit Agreement hereby acknowledges and affirms that such security remains in effect for the Obligations. Further, Borrower and each Guarantor agree to execute such amendments, modifications, and additions as may be requested by Agent from time to time. 8. This Eighth Amendment may be executed in any number of counterparts and all of such counterparts taken together shall be deemed to constitute one and the same instrument. 9. THIS EIGHTH AMENDMENT AND THE LOAN DOCUMENTS (OTHER THAN THOSE CONTAINING A CONTRARY EXPRESS CHOICE OF LAW PROVISION) SHALL BE CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF LOUISIANA, BUT GIVING EFFECT TO FEDERAL LAWS APPLICABLE TO NATIONAL BANKS.