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 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 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 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 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 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 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 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 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 (the "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 Applicable Margin for Commitment Fee from time to time in effect. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this subsection, the Combined 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 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 Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchcalendar quarter, June, September and December commencing on June 14the first such quarterly date to occur after the Closing Date, 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 Combined Commitment 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 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 during the above-mentioned commencement dateperiod, 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 shall 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 on the average daily unused portion of such BankRevolving Lender's CommitmentLoan Commitment (the "Commitment Fee"), 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. At all times prior to the delivery of a Compliance Certificate pursuant to subsection 7.02(b) for the fiscal quarter ended March 31, 2003, the Commitment Fee shall be a per annum rate equal to 0.09% per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust 50.0 basis points and, at all times thereafter, the Commitment Fee shall be responsible a per annum rate equal to the Commitment Fee in effect at such time as determined by reference to the Pricing Grid attached hereto as Schedule 1.01 and the applicable Total Leverage Ratio for its pro rata portion the applicable period set forth in the most recent Compliance Certificate delivered pursuant to Section 7.02(b). For purposes of calculating utilization under this subsection 2.11(b), the Revolving Loan Commitments shall be deemed used to the extent of the commitment fee aggregate amount of Revolving Loans then outstanding plus the aggregate 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 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. Such commitment fee shall accrue from the date of this second amended and restated Agreement hereof to the Commitment Revolving Loan 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 through the Commitment Termination Date2003, with the final payment to be made on the Commitment Revolving Loan 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 Commitment Fee provided in this subsection 2.11(b) shall accrue at all times after the above-mentioned commencement datedate hereof, 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. 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 14September 30, 1999 2013 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 1 contract
Sources: Credit Agreement (Hanger, Inc.)
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 Administrative 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 Unused Commitment (the last Business Day of "Commitment Fee"). The Commitment Fee for 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 Bank shall be responsible for its pro rata portion computed daily at the applicable per annum rate set forth on Schedule 2.9 on such Bank's Unused Commitment. As used herein, each Bank's "Unused Commitment" shall mean such Bank's Commitment less the sum of the commitment fee then-outstanding principal balance of such Bank Loans (other than Swingline Loans) and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion such Bank's Pro Rata Share of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofthen outstanding L/C Obligations. Such commitment fee Commitment Fees 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 fiscal quarter commencing on June 14April 30, 1999 2000 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 2.6, the accrued Commitment Fees calculated for the period ending on such date also shall 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 dateClosing Date, including at any time during which one or more conditions in Article IV 5 are not met.
Appears in 1 contract
Sources: Credit Agreement (Longview Fibre Co)
Commitment Fees. The Borrowers shall (i) Each Borrower, jointly and severally, agrees to 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 fee, which shall accrue at a per annum rate equal to the Applicable Margin applicable for the “Commitment Fee Rate” on the average daily unused portion Unused Revolving Commitment of such Bank's Commitment, computed on a quarterly basis in arrears Lender during the period from and including the Effective Date to but excluding the earlier of the date such Revolving Credit Commitment terminates and the Revolving Credit Maturity Date. Accrued commitment fees for this Section 2.11(a) through and including each Quarterly Date shall be payable on the last second Business Day of each calendar quarter based upon following such Quarterly Date and on 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 earlier of the commitment fee date the Revolving Credit Commitment terminates 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 Revolving Credit Maturity Date, commencing on the last Business Day of each March, June, September and December commencing on June 14, 1999 through first such date to occur after the Commitment Termination Date, with the final payment to be made on the Commitment Termination Effective 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 computed on the basis of a year of 360 days and shall be payable for the period from such reduction date actual number of days elapsed (including the first day but excluding the last day).
(ii) Each Borrower, jointly and severally, agrees to such quarterly payment date. The pay to the Administrative Agent for the account of each DDTL Lender a commitment fees provided in this subsection fee, which shall accrue at all times after a per annum rate equal to the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.Applicable Margin applicable for the “Commitment Fee Rate” on the average daily Unused DDTL Commitment of such Lender. Accrued commitment fees under this Section 2.11(a)(ii) through
Appears in 1 contract
Sources: Credit Agreement (Suja Life, 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 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 SCHEDULE 2.02 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 1430, 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 ; 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 ARTICLE V are not met.
Appears in 1 contract
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 Borrower 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, at a rate per annum equal to 0.09% per annumthe Applicable Amount for the commitment fee. 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 and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Loans then outstanding, plus the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date L/C Obligations (excluding L/C Obligations relating to commercial Letters of determination thereofCredit) then outstanding. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date 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 14, 1999 the first such date after the Closing Date through the Commitment Termination Maturity Date, with the final payment to be made on the Commitment Termination Maturity 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 Section 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 Section 5 are not met.
Appears in 1 contract
Sources: Credit Agreement (U S Rentals 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 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. 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 0.09% 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 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 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 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 Company shall pay on a several, and not on a joint, basis to the Agent Agent, for the account of each Bank in accordance with its Pro Rata Share, 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 the product of (i) the Applicable Margin for its pro rata portion of the commitment fee and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion times (ii) the actual daily amount by which the total Commitments of all Banks exceed the commitment fee based upon the relative net asset value outstanding principal of each Borrower on any date of determination thereofall 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 MarchFebruary, JuneMay, September August and December November commencing on June 14August 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 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. If there is any change in the Applicable Margin for the commitment fee during any quarter, the actual daily amount shall be computed and multiplied by the Applicable Margin for the commitment fee separately for each period during such quarter that such Applicable Margin for the commitment fee was in effect. 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 Borrower agrees to pay on a severalto Administrative Agent, and not on a jointfor distribution to each Revolving Lender in proportion to that Lender’s Pro Rata Share, basis to the Agent commitment fees for the account of each Bank a commitment fee on period from and including the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on Closing Date to and excluding 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 Revolving Loan Commitment Termination Date equal to the average of the daily excess of the Revolving Loan Commitment Amount over the aggregate principal amount of outstanding Revolving Loans and shall Swing Line Loans multiplied by a rate per annum equal to the percentage set forth for the “Commitment Fee” in the table in Section 2.2A above opposite the Consolidated Total Funded Debt to EBITDAP Ratio for the four Fiscal Quarter period for which the applicable Compliance Certificate has been delivered pursuant to subsection 6.1(viii), such commitment fees to be due calculated on the basis of a 360-day year and the actual number of days elapsed and to be payable quarterly in arrears on the last Business Day day of each calendar quarter (i.e., the last day of December, March, JuneJune and September) of each year, September and December commencing on June 14the first such date to occur after the Closing Date, 1999 through and on the Revolving Loan Commitment Termination Date; provided that for the first six months after the Closing Date, the applicable commitment fee percentage shall be 0.25% per annum. Upon delivery of the Compliance Certificate by Borrower to Administrative Agent pursuant to subsection 6.1(viii), the applicable commitment fee percentage shall automatically be adjusted in accordance with the final payment such Compliance Certificate, such adjustment to be made become effective on the Commitment Termination Date. All accrued commitment fees to but not including next succeeding Business Day following the effective date of any termination of Commitments shall be paid on the effective date receipt by Administrative Agent 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 quarterCompliance Certificate; provided that, 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 if at any time during which one or more conditions a Compliance Certificate is not delivered at the time required pursuant to subsection 6.1(viii), from the time such Compliance Certificate was required to be delivered until delivery of such Compliance Certificate, the applicable commitment fee percentage shall be the maximum percentage amount set forth in Article IV are the table in Section 2.2A above. Notwithstanding the foregoing, all commitment fees otherwise payable for the account of a Defaulting Lender shall not metbe payable in accordance with Section 2.9A(iii).
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 BankRevolving Lender's 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 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 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 14March 31, 1999 1998 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 2.05 or 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 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 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 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 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 Company shall pay on a several, and not on a joint, basis to the Co-Administrative Agent for the account of each Bank Lender a 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 Co-Administrative 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 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 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. Such commitment fee shall accrue from the date of this second amended and restated Agreement hereof 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 calendar quarter commencing on June 14September 30, 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 ; PROVIDED that, in connection with any reduction or termination of 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 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 ARTICLE V are not met.
Appears in 1 contract
Sources: Credit Agreement (Regis Corp)
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 SCHEDULE 2.02 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 14December 31, 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 ; 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 ARTICLE 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 Lender a commitment fee on the actual daily unused portion of such BankLender'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(i) 0.50% per annum. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust shall be responsible annum for its pro rata portion of the commitment fee period from and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund shall be responsible for its pro rata portion of including the commitment fee based upon Closing Date through the relative net asset value of each Borrower on any date of determination first anniversary thereof, and (ii) a rate per annum equal to the Applicable Fee Amount thereafter. 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 14December 31, 1999 1998 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 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 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 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.
Appears in 1 contract
Commitment Fees. The Borrowers Companies jointly and severally 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 sum of (i) the average daily unused portion of such Bank's Revolving Commitment plus (ii) such Bank's International Swing Line Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization of the Revolving Commitment by Revolving Loans for that quarter as calculated by the Agent, equal to 0.09% per annumthe Applicable Fee Percentage. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For each Bank, the amounts outstanding under Bid Loans made by such Bank (and its Designated Bidder) plus its Pro Rata Share of the Dollar Equivalent Amount of the Effective Amount of all Sublimit L/C Obligations will also be subtracted from such Bank's Commitment in making the calculation of its commitment fee but in no event shall be responsible for its pro rata portion of the commitment fee be less than zero for any period. Swing Line Loans and Van ▇▇▇▇▇▇ ▇▇▇ior Floating Rate Fund International Swing Line Loans shall not be responsible deemed to be outstanding for its pro rata portion purposes of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofcalculating fees under this Section 2.14. Such commitment fee shall accrue from the date of this second amended and restated Agreement hereof to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last first Business Day of each MarchJanuary, JuneApril, September July and December October commencing on June 14January 1, 1999 through 1997 for the Commitment quarter (or shorter period, as applicable) ending the prior Business Day and on the 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 2.8, 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 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
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 (the “Commitment Fee”) on the average daily unused portion of such Bank's ’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 Applicable Commitment Fee Rate. Van ▇▇▇▇▇▇ ▇▇▇me Rate Income Trust For purposes of calculating utilization under this subsection, the Total 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 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 Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchcalendar quarter, June, September and December commencing on June 14the first such quarterly date to occur after the Closing Date, 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 Total Commitment 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 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 during the above-mentioned commencement dateperiod, 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 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 Agent for the account of each Bank a commitment fee ("Commitment Fee") on the average daily unused portion of such Bank's Revolving Loan Commitment and 2000 TL Commitment, as the case may be, 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, (x) the Revolving Loan 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 2000 TL Commitment shall be responsible for its pro rata portion deemed used to the extent of the commitment fee based upon Effective Amount of Term Loans made under the relative net asset value of each Borrower on any date of determination thereof2000 TL Commitment 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 or the 2000 TL Commitment, 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 1 contract
Sources: Credit Agreement (Waterlink 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 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 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 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 hereof to the Commitment Revolving Loan 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 2000 through the Commitment Revolving Loan Termination Date, with the final payment to be made on the Commitment Revolving Loan Termination Date. All ; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments 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 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 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 ’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 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 14September 30, 1999 2003 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.
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 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