Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.
Appears in 6 contracts
Sources: Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen Prime Rate Income Trust)
Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. For the avoidance of doubt, the contingent obligation of a Bank to pay funds to BofA in respect of a Swing Loan that may convert to a Federal Funds Rate Loan as provided in Section 2.16 shall not be considered use of such Borrower's Commitment. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second third amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14September 13, 1999 2000 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.
Appears in 3 contracts
Sources: Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen Senior Floating Rate Fund), Credit Agreement (Van Kampen Prime Rate Income Trust)
Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the average daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Commitment Fee Percentage. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this Section, with respect to each Bank's Commitment, the making of any Bid Loan by such Bank shall not be responsible for its pro rata considered a use of a portion of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofsuch Bank's Commitment. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14, 1999 the first such day this Agreement is executed by the Company through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any reduction or termination of Commitments under Section 2.08, the accrued commitment fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-above- mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.
Appears in 3 contracts
Sources: Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp)
Commitment Fees. The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank Revolving Lender in accordance with its Applicable Revolving Percentage, a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, Dollars equal to 0.09% per annumthe Applicable Rate times the actual daily amount by which the Revolving Facility exceeds the sum of (i) the Outstanding Amount of Revolving Loans and (ii) the Outstanding Amount of L/C Obligations (the “Revolving Commitment Fee”). Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust The Revolving Commitment Fee shall be responsible for its pro rata portion accrue at all times during the relevant Availability Period, including at any time during which one or more of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second amended and restated Agreement to the Commitment Termination Date conditions in Section 4.02 is not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December December, commencing with the first such date to occur after the Closing Date and on the last day of the Availability Period for the Revolving Facility. In addition, commencing on June 14July 2, 1999 through 2022, the Borrower shall pay to the Administrative Agent for the account of each Term Lender in accordance with its Applicable Percentage of the Term Facility, a commitment fee equal to the Applicable Rate times the actual daily amount of the aggregate outstanding unfunded Term Commitments on and after July 2, 2022 (the “Term Commitment Termination DateFee”). The Term Commitment Fee shall accrue at all times on and after July 2, with the final payment to be made 2022 and ending on the Commitment Termination Date. All accrued commitment fees to but not including last day of the effective date of any termination of Commitments relevant Availability Period, and shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the then-current calendar quarterfirst such date to occur after July 2, with such quarterly payment being calculated 2022, and on the basis last day of the period from such reduction date to such quarterly payment dateAvailability Period for the Term Facility. The commitment fees provided fee shall be calculated quarterly in this subsection arrears and if there is any change in the Applicable Rate during any quarter, the actual daily amount shall accrue at all times after be computed and multiplied by the above-mentioned commencement date, including at any time Applicable Rate separately for each period during which one or more conditions such quarter that such Applicable Rate was in Article IV are not meteffect.
Appears in 3 contracts
Sources: Credit Agreement (Morningstar, Inc.), Credit Agreement (Morningstar, Inc.), Credit Agreement (Morningstar, Inc.)
Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee ("Commitment Fee") on the average daily unused portion of such Bank's Commitment, Revolving Loan Commitment computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% the Applicable Margin per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this Section, the Revolving Loan Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding PLUS the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All ; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV ARTICLE V are not met.
Appears in 2 contracts
Sources: Credit Agreement (Waterlink Inc), Credit Agreement (Waterlink Inc)
Commitment Fees. The In addition to certain fees described in Section 3.08, the Borrowers shall pay on a several, and not on a joint, basis to the Agent Agent, for the account of each Bank Lender in accordance with its Pro Rata Share, a commitment fee on the average daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of Aggregate Commitment during each calendar fiscal quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible for its pro rata portion the Commitment Fee Margin multiplied by the average of the commitment fee daily unused portion. For purposes of calculating utilization under this Subsection, all outstanding Revolving Loans and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall Swing Line Loans and the Effective Amount of all L/C Obligations will be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofconsidered utilization. Such commitment fee shall accrue from the date of this second amended and restated Agreement hereof to the Commitment Termination Maturity Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14September 30, 1999 2009, through the Commitment Termination Maturity Date, with the final payment to be made on the Commitment Termination Maturity Date. All ; provided that, in connection with any reduction or termination of Revolving Loan Commitments under Section 2.06, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection Subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met. Notwithstanding the foregoing, no such fee shall be due and payable for any periods after the Agent declares the unpaid principal amount of all outstanding Loans to be due and payable pursuant to Subsection 9.02(b).
Appears in 2 contracts
Sources: Credit Agreement (North American Galvanizing & Coatings Inc), Credit Agreement (North American Galvanizing & Coatings Inc)
Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.090.11% per annum. For the avoidance of doubt, the contingent obligation of a Bank to pay funds to BofA in respect of a Swing Loan that may convert to a Federal Funds Rate Loan as provided in Section 2.16 shall not be considered use of such Borrower's Commitment. Van ▇▇▇▇▇▇ ▇▇▇me Kampen Prime Rate Income Trust shall be responsible for its pro fo▇ ▇▇▇ ▇▇▇ rata portion of the commitment fee and Van Kampen Senior Floating Rate Fund shall be responsible ▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata ▇ portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14December 31, 1999 2002 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.
Appears in 2 contracts
Sources: Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen Senior Floating Rate Fund)
Commitment Fees. The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender a commitment fee (a “Commitment Fee”) on the average daily unused portion of such Bank's Revolving Lender’s Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Commitment Fee Rate. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this subsection, the Revolving Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion principal amount of Revolving Loans then outstanding (excluding any outstanding Swing Line Loans), plus the commitment fee based upon the relative net asset value amount of each Borrower on any date of determination thereofall L/C Obligations then outstanding. Such commitment fee Commitment Fees shall accrue from the date of this second amended and restated Agreement Effective Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 1430, 1999 2018 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any reduction or termination of Revolving Commitments under Section 2.07, the accrued Commitment Fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.
Appears in 2 contracts
Sources: Credit Agreement (Hanger, Inc.), Credit Agreement (Hanger, Inc.)
Commitment Fees. The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender a commitment fee (a “Commitment Fee”) on the average daily unused portion of such Bank's Revolving Lender’s Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Applicable Rate. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this subsection, the Revolving Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion principal amount of Revolving Loans then outstanding (excluding any outstanding Swing Line Loans), plus the commitment fee based upon the relative net asset value amount of each Borrower on any date of determination thereofall L/C Obligations then outstanding. Such commitment fee Commitment Fees shall accrue from the date of this second amended and restated Agreement Effective Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14March 31, 1999 2011 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any reduction or termination of Revolving Commitments under Section 2.07, the accrued Commitment Fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.
Appears in 2 contracts
Sources: Credit Agreement (Hanger Orthopedic Group Inc), Credit Agreement (Hanger Orthopedic Group Inc)
Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender a commitment fee on the average daily unused portion of such BankRevolving Lender's Revolving Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Applicable Commitment Fee Percentage. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this subsection, the Revolving Loan Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding (excluding any outstanding Swing Line Loans), plus the Effective Amount of the commitment fee based upon Dollar Equivalent of the relative net asset value Fronted Offshore Currency Loans then outstanding plus the Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee shall accrue from the date of this second amended and restated Agreement hereof to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14September 30, 1999 2000 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All ; provided that, in connection with any reduction or termination of Revolving Loan Commitments under Section 2.09, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.
Appears in 2 contracts
Sources: Credit Agreement (Oshkosh Truck Corp), Credit Agreement (Oshkosh Truck Corp)
Commitment Fees. The Borrowers shall In addition to certain fees described in Section 3.8, the Borrower agrees to pay on a several, and not on a joint, basis to the Agent for the ratable account of each Bank a commitment fee on the average daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe amount set forth in the next paragraph. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculation of such unused portion of a Bank's Commitment, (i) the making of any Swingline Loans shall not be responsible for its pro rata considered a use of a portion of the commitment fee Swingline Bank's Commitment, and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund (ii) each Bank's Commitment shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower considered used on any date to the extent of determination thereofits participation on such date in any Letter of Credit and any L/C Advance made by it (exclusive of any Swingline Loans). Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on (A) the last Business Day of the period ending on December 31, 1997, (B) on the last Business Day of each Marchcalendar quarter commencing after December 31, June, September 1997 and December commencing (C) on June 14, 1999 through the Commitment Revolving Termination Date; provided that, in connection with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any reduction or termination of Commitments under Section 2.5 or Section 2.7, the accrued commitment fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.
Appears in 1 contract
Commitment Fees. The Borrowers Fund shall pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank a commitment fee on the average daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to 0.090.125% per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible for its pro rata portion ; PROVIDED that, during that period of time in which the Commitment Amount exceeds the Borrowing Base, the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion accrue at a rate of 0.0625% per annum on an amount equal to the commitment fee based upon Commitment Amount minus the relative net asset value of each Borrower on any date of determination thereofBorrowing Base. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14March 31, 1999 2000 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of ; PROVIDED that, in connection with any reduction or termination of Commitments under SECTION 2.5, the accrued commitment fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after from and including the above-mentioned commencement date, including at any time during which one or more conditions in Article ARTICLE IV are not met.
Appears in 1 contract
Sources: Credit Agreement (Liberty Floating Rate Advantage Fund)
Commitment Fees. The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the average daily unused portion of such Bank's CommitmentCommitments, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.090.065% per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 1430, 1999 1997 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.
Appears in 1 contract
Sources: Credit Agreement (Van Kampen American Capital Prime Rate Income Trust)
Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.090.11% per annum. For the avoidance of doubt, the contingent obligation of a Bank to pay funds to BofA in respect of a Swing Loan that may convert to a Federal Funds Rate Loan as provided in Section 2.16 shall not be considered use of such Borrower's Commitment. Van ▇▇▇▇▇▇ ▇▇▇me Kampen Prime Rate Income Trust shall be responsible for its pro fo▇ ▇▇▇ ▇▇▇ rata portion of the commitment fee and Van Kampen Senior Floating Rate Fund shall be responsible ▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata ▇ portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second fourth amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14November 9, 1999 2001 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.
Appears in 1 contract
Sources: Credit Agreement (Van Kampen Prime Rate Income Trust)
Commitment Fees. The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank Revolving Credit Lender a commitment fee on the average daily unused portion of such BankRevolving Credit Lender's Revolving Credit Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to 0.09% per annumthe Commitment Fee Percentage. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this Section, (i) the combined Revolving Credit Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee Effective Amount of Revolving Credit Loans then outstanding, plus the Effective Amount of L/C Obligations, and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund (ii) the making of any Swingline Loan shall not be responsible for its pro rata portion considered a use of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofRevolving Credit Commitment. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving 41 Termination Date Date, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14, 1999 the first such day after this Agreement is executed by the Borrower through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided, that, in connection with any termination of the combined Revolving Credit Commitments under Section 2.5 or Section 2.7, the accrued commitment fee calculated for the period ending on such date shall also be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.
Appears in 1 contract
Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the actual daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible the applicable "Commitment Fee" set forth on the pricing grid attached as Annex I in accordance with the parameters for its pro rata portion calculation and adjustment of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower such Commitment Fee also set forth on any date of determination thereof. Annex I. Such commitment fee shall accrue from the date of this second amended and restated Agreement Bridge Termination Effective Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14, 1999 the last day of the first full calendar quarter following the Bridge Termination Effective Date through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any reduction or termination of Commitments under Section 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met."
(1) Section 2.09 of the Credit Agreement is hereby amended by adding the following as new subsection 2.09(c) thereof:
Appears in 1 contract
Commitment Fees. (i) The Borrowers shall Borrower agrees to pay on a several, and not on a joint, basis to the DIP Agent for the account of each Bank a Lender, an upfront fee in an amount equal to such Lender’s pro rata share of the Commitment Fee Amount, which fee shall be earned and due and payable on the Effective Date.
(ii) Subject to Section 2.16, the Borrower agrees to pay to the DIP Agent, for the account of each Lender (excluding any Defaulting Lenders), an unused commitment fee (the “Unused Commitment Fee”) equal to 0.50% per annum multiplied by the daily average of (A) prior to entry of the Final DIP Order, each such Lender’s Unused New Money Interim Commitment and (B) after entry of the Final DIP Order, each such Lender’s Unused New Money Commitment. Such Unused Commitment Fee shall be calculated on the daily unused portion basis of such Bank's Commitment, computed on a quarterly basis year consisting of 365 days (or 366 days in a leap year) and shall be payable in arrears on the last Business Day day of each calendar quarter based upon month and on the daily utilization Maturity Date for that quarter as calculated by any period then ending for which the Agent, equal to 0.09% per annumUnused Commitment Fee shall not have been previously paid. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible for its pro rata portion of In the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion of event the commitment fee based upon the relative net asset value of each Borrower New Money Commitments terminate on any date other than the last day of determination thereof. Such commitment fee shall accrue from a calendar month, the date of this second amended and restated Agreement Borrower agrees to pay to the Commitment Termination Date and shall be due and payable quarterly in arrears DIP Agent, for the account of each Lender (excluding any Defaulting Lender), on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with each such quarterly payment being calculated on the basis of Lender’s Unused Commitment Fee due for the period from the last day of the immediately preceding calendar month to the date such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not mettermination occurs.
Appears in 1 contract
Sources: Debtor in Possession Credit Agreement (Extraction Oil & Gas, Inc.)
Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender a commitment fee ("COMMITMENT FEE") on the average daily unused portion of such BankLender's Commitment, Commitment computed on a quarterly basis in arrears on the last Business Day of each calendar quarter October, January, April and July based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe applicable Commitment Fee as specified in the definition of Applicable Margin. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this Section, the Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee Effective Amount of Revolving Loans then outstanding PLUS the Effective Amount of L/C Obligations then outstanding and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall not be responsible for its pro rata portion deemed used by a Revolving Lender's Pro Rata Share of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofSwing Line Loans or Canadian Revolving Loans. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each MarchOctober, JuneJanuary, September April and December commencing on June 14, 1999 July through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All ; PROVIDED that, in connection with any reduction or termination of Commitments, as the case may be, under SECTION 2.08, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV ARTICLE V are not met.
Appears in 1 contract
Commitment Fees. The Borrowers shall Borrower agrees to pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank Delayed Draw Lender a commitment fee fee, which shall accrue at 2.0% per annum on the average daily amount of the unused portion amount of the Delayed Draw Commitment of such Bank's CommitmentLender during the period from and including the date of this Agreement to but excluding the Delayed Draw Commitment Termination Date. Additionally, computed to the extent that the Borrower terminates the Delayed Draw Commitments (in whole or in part) pursuant to Section 2.06(b) on or prior to the date that is 18 months after the Effective Date (other than in connection with any refinancing in full of the Loans), concurrently with such termination the Borrower shall pay to the Administrative Agent, for the ratable account of each of the Delayed Draw Lenders, a quarterly basis fee equal to the present value (discounted at the Treasury Rate) of the fee that would have accrued pursuant to the immediately preceding sentence on such terminated Delayed Draw Commitment from the date of such termination through and including the earlier of (i) the one year anniversary of the date of such termination and (ii) the date that is 18 months after the Effective Date if such Delayed Draw Commitment had not been terminated and remained undrawn during such period. Accrued commitment fees shall be payable in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing of each year and on June 14, 1999 through the Delayed Draw Commitment Termination Date, with the final payment to be made commencing on the Commitment Termination Datefirst such date to occur after the date hereof. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated computed on the basis of a year of 360 days, unless such computation would exceed the period from Highest Lawful Rate, in which case such reduction date to such quarterly payment date. The commitment fees provided shall be computed on the basis of a year of 365 days (or 366 days in this subsection a leap year), and shall accrue at all times after be payable for the above-mentioned commencement date, actual number of days elapsed (including at any time during which one or more conditions in Article IV are not metthe first day but excluding the last day).
Appears in 1 contract
Sources: Term Loan Credit Agreement (Northern Oil & Gas, Inc.)
Commitment Fees. The Borrowers shall (a) Subject to Section 2.10, the Company agrees to pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank Revolving Lender a commitment fee, for the period from the date on which the Effective Time occurs to the Termination Date, at a rate per annum equal to the Commitment Fee Rate in effect from time to time on such Revolving Lender’s Percentage with respect to the Revolving Facility of the unused amount of the Revolving Commitment Amount. For purposes of calculating usage under this Section, the Revolving Commitment Amount shall be deemed used to the extent of the sum of the aggregate outstanding principal amount of all Revolving Loans (but not Swing Line Loans) and the Stated Amount of Letters of Credit at such time. Such commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis shall be payable in arrears on the last Business Day of each calendar quarter based upon and on the daily utilization Termination Date for that quarter as calculated by the Agent, equal to 0.09% per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible any period then ending for its pro rata portion of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such which such commitment fee shall accrue from not have theretofore been paid. The commitment fee shall be computed for the date actual number of this second amended and restated Agreement days elapsed on the basis of a year of 360 days.
(b) Subject to Section 2.10, the Company agrees to pay to the Administrative Agent for the account of each DDTL Lender a commitment fee, for the period from November 20, 2021 to the DDTL Expiration Date, at a rate per annum equal to the DDTL Non-Use Fee Rate in effect from time to time such DDTL Lender’s Percentage with respect to the DDTL Facility of the unused amount of the DDTL Commitment Termination Date and Amount. The commitment fee shall be due and payable quarterly in arrears on the last Business Day of each March, June, September calendar quarter prior to the DDTL Expiration Date and December commencing on June 14, 1999 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination DateDDTL Expiration Date for any period then ending for which the commitment fee shall not have theretofore been paid. All accrued The commitment fees to but not including the effective date of any termination of Commitments fee shall be paid on computed for the effective date actual number of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated days elapsed on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not meta year of 360 days.
Appears in 1 contract
Sources: Credit Agreement (MIDDLEBY Corp)
Commitment Fees. The Borrowers Subject to the Allocation Notice requirements of Section 2.14(a), each Fund shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the average daily unused portion of such Bank's CommitmentCommitments, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% eight one-hundredths of one percent (0.08%) per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible for its pro rata portion For purposes of calculation of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund under this Section 2.9(b), outstanding Swing Loans shall not be responsible for its pro rata portion of deemed as Loan usage under the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofBanks' Commitments. Such commitment fee shall accrue from the date of this second amended and restated Agreement Refinancing Date to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Termination DateDecember, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.
Appears in 1 contract
Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. For the avoidance of doubt, the contingent obligation of a Bank to pay funds to BofA in respect of a Swing Loan that may convert to a Federal Funds Rate Loan as provided in Section 2.16 shall not be considered use of such Borrower's Commitment. Van ▇▇▇▇▇▇ ▇▇▇me Kampen Prime Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior ▇ion of the commitment fee and Van Kampen Senior Floating Rate Fund shall be responsible for its pro rata portion p▇▇ ▇▇▇▇ ▇▇rtion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second third amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14September 13, 1999 2000 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.
Appears in 1 contract
Sources: Credit Agreement (Van Kampen Senior Floating Rate Fund)
Commitment Fees. 11.2.1 The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Agent for Lending Banks a commitment fee at the rate of zero point two five per centum (0.25%) per annum on the account of each Bank a commitment fee the Available Ringgit Advances Commitment based on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on drawdown schedule for the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible for its pro rata portion of the commitment fee TL I Facility and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Termination Date, with the final payment to be made ending on the Commitment Termination Date. All accrued Such drawdown schedules shall be agreed upon by the Facility Agent and the Borrower on or before the execution of this Agreement and shall be annexed hereto as Schedule 10. The Ringgit Advances commitment fees to but not including shall be payable from the effective date of any termination this Agreement to the earlier of Commitments he Commitment Termination Date or the date on which the Available Ringgit Advances Commitment first equals zero.
11.2.2 The Borrower shall pay to the Funding Lender a commitment fee at the rate of zero point two five per centum (0.25%) per annum on the account of the Available Dollar Advances Commitment based on the drawdown schedule for the Dollar Advances Facility and ending on the Commitment Termination Date. Such drawdown schedule shall be paid agreed upon by the Facility Agent and the Borrower on or before the execution of this Agreement and shall be annexed hereto as Schedule 10. The Dollar Advances commitment fee shall be payable from the date of this Agreement to the earlier of the Commitment Termination Date or the date on which the Available Dollar Advances Commitment first equals zero.
11.2.3 The Borrower shall pay to the Funding Lender a commitment fee at the rate of zero point two five per centum (0.25%) per annum on the effective Available Dollar RC Commitment from day to day during the period beginning on the date of such terminationthis Agreement and ending on the Commitment Termination Date. All accrued The Dollar RC commitment fees to but not including fee shall be payable from the effective date of any reduction of Commitments shall be paid this Agreement and on the last Business Day earlier of the then-current calendar quarter, with such quarterly payment being calculated Commitment Termination Date and the date on which the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not metAvailable RC Commitment first equals zero.
Appears in 1 contract
Sources: Facilities Agreement (Hadco Corp)
Commitment Fees. The Borrowers shall Borrower agrees to pay on a several, and not on a joint, basis to the Agent for the ratable account of each Bank a commitment fee on the actual daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion of amount set forth in the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofnext paragraph. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on (A) the last Business Day of the then-current calendar quarterperiod ending on March 31, with such quarterly payment being calculated 1999, (B) on the basis ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ of each calendar quarter commencing after March 31, 1999 and (C) on the Revolving Termination Date; provided that, in connection with any reduction or termination of Commitments under Section 2.5, the accrued commitment fee calculated for the period from ending on such date shall also be paid on the date of such reduction date to such quarterly payment dateor termination. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met. For the period from the Closing Date through the Business Day when the Agent receives the Borrower's Compliance Certificate for the fiscal quarter ending December 25, 1998, the Applicable Fee Amount will be 0.275%. Thereafter the Applicable Fee Amount shall be determined by the Agent from time to time in accordance with the pricing grid set forth in Schedule 2.8(e) based on the most recent Compliance Certificate of the Borrower delivered by the Borrower pursuant hereto. Such determinations shall apply from the first Business Day after the Agent receives such Compliance Certificate until and through the Business Day when the Agent receives the applicable Compliance Certificate for the next fiscal quarter as provided herein.
Appears in 1 contract
Commitment Fees. The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Lender a commitment fee (“Commitment Fee”) on the average daily unused portion of such Bank's Lender’s Revolving Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% at the Applicable Margin per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this Section, the Revolving Loan Commitment shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible Effective Amount of Revolving Loans then outstanding, plus the Effective Amount of L/C Obligations then outstanding but excluding for its pro rata portion the purposes of calculating utilization under this Section the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofSwing Line Loans. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All ; provided that, in connection with any reduction or termination of Revolving Loan Commitment under Section 2.05, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.
Appears in 1 contract
Sources: Credit Agreement (CBIZ, Inc.)
Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender (except for Defaulting Lenders) a commitment fee on the actual daily unused portion of such Bank's Revolving Lender’s Commitment (the “Available Commitment”), computed on a quarterly monthly basis in arrears on the last Business Day first calendar day of each calendar quarter month based upon the daily utilization for that quarter month as calculated by the Agent, Agent at a rate per annum equal to 0.09% per annumthe Applicable Fee Amount (such fees, the “Commitment Fees”). Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating the Available Commitment under this Section 2.10, the Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding plus the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee Commitment Fees shall accrue from the date of this second amended and restated Agreement Effective Date to the Commitment Termination Revolving Loan Maturity Date and shall be due and payable quarterly monthly in arrears on the last Business Day first calendar day of each March, June, September and December commencing on June 14, 1999 through the Commitment Termination Datecalendar month, with the final payment to be made on the Commitment Termination Revolving Loan Maturity Date. All accrued commitment fees to but not including the effective date of ; provided, that in connection with any termination of Commitments hereunder, the accrued Commitment Fees calculated for the period ending on such date shall also be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees Commitment Fees provided in this subsection Section 2.10(b) shall accrue at all times after the above-mentioned commencement dateEffective Date, including at any time during which one or more conditions in Article IV V are not met. Such fees are fully earned when due and, once paid, are non-refundable.
Appears in 1 contract
Sources: Senior Secured Credit Agreement (BMC Stock Holdings, Inc.)
Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. For the avoidance of doubt, the contingent obligation of a Bank to pay funds to BofA in respect of a Swing Loan that may convert to a Federal Funds Rate Loan as provided in Section 2.16 shall not be considered use of such Borrower's Commitment. Van ▇▇▇▇▇▇ ▇▇▇me ime Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior nior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second third amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14September 13, 1999 2000 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.
Appears in 1 contract
Sources: Credit Agreement (Van Kampen Prime Rate Income Trust)
Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender (except for Defaulting Lenders) a commitment fee on the actual daily unused portion of such Bank's Revolving Lender’s Commitment (the “Available Commitment”), computed on a quarterly monthly basis in arrears on the last Business Day of each calendar quarter month based upon the daily utilization for that quarter month as calculated by the Agent, Agent at a rate per annum equal to 0.09% per annumthe Applicable Fee Amount (such fees, the “Commitment Fees”). Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating the Available Commitment under this Section 2.10, the Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding plus the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee Commitment Fees shall accrue from the date of this second amended and restated Agreement Effective Date to the Commitment Termination Revolving Loan Maturity Date and shall be due and payable quarterly monthly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Termination Datecalendar month, with the final payment to be made on the Commitment Termination Revolving Loan Maturity Date. All accrued commitment fees to but not including the effective date of ; provided, that in connection with any termination of Commitments hereunder, the accrued Commitment Fees calculated for the period ending on such date shall also be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees Commitment Fees provided in this subsection Section 2.10(b) shall accrue at all times after the above-mentioned commencement dateEffective Date, including at any time during which one or more conditions in Article IV V are not met. Such fees are fully earned when due and, once paid, are non-refundable.
Appears in 1 contract
Sources: Senior Secured Credit Agreement (BMC Stock Holdings, Inc.)
Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank Lender a commitment fee (the "Commitment Fee") on the average daily unused portion of such BankLender's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to 0.09% the percent per annumannum set forth in the definition of Applicable Margin corresponding to the applicable pricing level determined in accordance therewith. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this subsection, the Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding, plus the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the date of this second amended and restated Agreement Execution Date to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December quarter commencing on June 14September 30, 1999 2005 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any reduction or termination of Commitments under Section 2.05, the accrued Commitment Fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fee provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.
Appears in 1 contract
Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the average daily unused portion of such Bank's Commitment and its Pro Rata Share of the Term Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09.50% percent per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this Section, (x) the Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee Effective Amount of Revolving Loans then outstanding, plus the Effective Amount of L/C Obligations then outstanding and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund (y) the Term Commitment shall be responsible for its pro rata portion deemed used to the extent of the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofTerm Loans. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; PROVIDED that, (x) in connection with any reduction or termination of Commitments or the available Term Commitment, as the case may be, under Section 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment datedate and (y) accrued commitment fees with respect to the available Term Commitment shall be due and payable on the Nordic Acquisition Date. The commitment fees provided in this subsection Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.
Appears in 1 contract
Sources: Credit Agreement (Waterlink Inc)
Commitment Fees. The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Lender a commitment fee (“Commitment Fee”) on the average daily unused portion of such Bank's Lender’s Revolving Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% at the Applicable Margin per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this Section, the Revolving Loan Commitment shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible Effective Amount of Revolving Loans then outstanding, plus the Effective Amount of L/C Obligations then outstanding but excluding for its pro rata portion the purposes of calculating utilization under this Section the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofSwing Line Loans. Such commitment fee Commitment Fee shall accrue from the date of this second amended and restated Agreement Restatement Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any reduction or termination of Commitments Revolving Loan Commitment under Section 2.05, the accrued Commitment Fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fees provided in this subsection Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.
Appears in 1 contract
Sources: Credit Agreement (CBIZ, Inc.)
Commitment Fees. The Borrowers shall (a) Subject to Section 2.10, the Company agrees to pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank Revolving Lender a commitment fee, for the period from the date on which the Effective Time occurs to the Termination Date, at a rate per annum equal to the Commitment Fee Rate in effect from time to time on such Revolving Lender’s Percentage with respect to the Revolving Facility of the unused amount of the Revolving Commitment Amount. For purposes of calculating usage under this Section, the Revolving Commitment Amount shall be deemed used to the extent of the sum of the aggregate outstanding principal amount of all Revolving Loans (but not Swing Line Loans) and the Stated Amount of Letters of Credit at such time. Such commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis shall be payable in arrears on the last Business Day of each calendar quarter based upon and on the daily utilization Termination Date for that quarter as calculated by any period then ending for which such commitment fee shall not have theretofore been paid. The commitment fee shall be computed for the Agentactual number of days elapsed on the basis of a year of 360 days.
(b) Subject to Section 2.10, the Company agrees to pay to the Administrative Agent for the account of each DDTL Lender a commitment fee, for the period from November 20, 2021 to the DDTL Expiration Date, at a rate per annum equal to 0.09% per annum. Van the DDTL Non-Use Fee Rate in effect from time to time such DDTL ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible for its pro rata portion ’s Percentage with respect to the DDTL Facility of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion unused amount of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofDDTL Commitment Amount. Such The commitment fee shall accrue from the date of this second amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September calendar quarter prior to the DDTL Expiration Date and December commencing on June 14, 1999 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination DateDDTL Expiration Date for any period then ending for which the commitment fee shall not have theretofore been paid. All accrued The commitment fees to but not including the effective date of any termination of Commitments fee shall be paid on computed for the effective date actual number of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated days elapsed on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not meta year of 360 days.
Appears in 1 contract
Sources: Credit Agreement (MIDDLEBY Corp)
Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender a commitment fee on the average daily unused portion of such Bank's Revolving Lender’s Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Applicable Commitment Fee Percentage. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this subsection, the Revolving Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion Dollar Equivalent principal amount of Revolving Loans then outstanding (excluding any outstanding Swing Line Loans), plus the Dollar Equivalent principal amount of the commitment fee based upon Fronted Offshore Currency Loans then outstanding plus the relative net asset value amount of each Borrower on any date of determination thereofall L/C Obligations then outstanding. Such commitment fee shall accrue from the date of this second amended and restated Agreement Effective Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14December 31, 1999 2006 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All ; provided that, in connection with any reduction or termination of Revolving Commitments under Section 2.09, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.
Appears in 1 contract
Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender a commitment fee on the average daily unused portion of such Bank's Revolving Lender’s Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Applicable Commitment Fee Percentage. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this subsection, the Revolving Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion Dollar Equivalent principal amount of Revolving Loans then outstanding (excluding any outstanding Swing Line Loans), plus the Dollar Equivalent principal amount of the commitment fee based upon Fronted Offshore Currency Loans then outstanding plus the relative net asset value amount of each Borrower on any date of determination thereofall L/C Obligations then outstanding. Such commitment fee shall accrue from the date of this second amended and restated Agreement Effective Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14December 31, 1999 2004 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All ; provided that, in connection with any reduction or termination of Revolving Commitments under Section 2.09, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.
Appears in 1 contract