Delayed Draw Commitment Fee Clause Samples

Delayed Draw Commitment Fee. The Borrower agrees to pay to each Delayed Draw Lender a commitment fee (the “Delayed Draw Commitment Fee”) equal to 0.25% (25 basis points) per annum on the average daily unused amount of each Delayed Draw Commitment of such Delayed Draw Lender during the period from and including the date hereof to but excluding the earlier to occur of (x) the expiration of the Delayed Draw Availability Period and (y) the date on which such Delayed Draw Commitment terminates. Accrued Delayed Draw Commitment Fees shall be payable in arrears (i) on the last Business Day of March, June, September and December of each year, commencing on December 31, 2014 and (ii) on the date on which such Delayed Draw Commitment terminates. Delayed Draw Commitment Fees shall be computed on the basis of a 360-day year and actual days elapsed (including on the first day but excluding the last day).

Delayed Draw Commitment Fee. The Borrower agrees to pay to the Administrative Agent, for the ratable benefit of the DDTL Lenders, a ticking fee (the “Delayed Draw Commitment Fee”), in an amount equal to 0.20% per annum on the average daily unused amount of the Delayed Draw Term Loan Committed Amount, commencing on January 16, 2023 and ending on the earliest of (a) the Delayed Draw Funding Date, (b) the last day of the Delayed Draw Availability Period and (c) the date that the DDTL Commitments are otherwise reduced to zero in accordance with Section 3.6. The Delayed Draw Commitment Fee shall be paid quarterly in arrears on the last Business Day of each calendar quarter (commencing on the last Business Day of the first full fiscal quarter after January 16, 2023) and on the earliest of (x) the Delayed Draw Funding Date, (y) the last day of the Delayed Draw Availability Period and (z) the date that the DDTL Commitments are otherwise reduced to zero in accordance with Section 3.6. For the avoidance of doubt, once funded, the Applicable Margin will apply with respect to all drawn portions of the DDTL Facility.

Delayed Draw Commitment Fee. The PR Borrower shall pay to the Administrative Agent for the account of each Term Lender with a Delayed Draw Term Commitment in accordance with its Pro Rata Share, a commitment fee (each, a “Delayed Draw Commitment Fee” and, collectively, the “Delayed Draw Commitment Fees”) equal to 1.375% per annum times the actual daily amount of the aggregate unused Delayed Draw Term Commitments; provided that any Delayed Draw Commitment Fee accrued with respect to the Delayed Draw Term Commitment of a Defaulting Lender during the period prior to the time such Lender became a Defaulting Lender and unpaid at such time shall not be payable by the PR Borrower so long as such Lender shall be a Defaulting Lender except to the extent that such Delayed Draw Commitment Fee shall otherwise have been due and payable by the PR Borrower prior to such time; and provided further that no Delayed Draw Commitment Fee shall accrue on the Delayed Draw Term Commitment of a Defaulting Lender so long as such Lender shall be a Defaulting Lender. The Delayed Draw Commitment Fees in respect of any Class of Delayed Draw Term Commitments shall accrue at all times from the date hereof until the earlier of (i) the making of Delayed Draw Term Loans pursuant to the Delayed Draw Term Commitments of such Class and (ii) the Dovonex Delayed Draw Termination Date or the Dovobet Delayed Draw Termination Date, as applicable, including at any time during which one or more of the applicable conditions in Article 4 is not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on each applicable Delayed Draw Termination Date.

Delayed Draw Commitment Fee. The Borrower agrees to pay to the Administrative Agent for the account of each Lender with a Delayed Draw Loan Commitment a commitment fee for the period from and including the Closing Date to but not including the earlier of (x) the date on which all Delayed Draw Loan Commitments have been terminated and (y) the date on which all Delayed Draw Loan Commitments have expired, computed at the following rate per annum: (i) from and including the Closing Date to but not including the date that is six months after the Closing Date, 1.125% and (ii) thereafter, 1.50%, in each case on the unused Delayed Draw Loan Commitment of such Lender, payable quarterly in arrears on each first day of April, July, October, January, commencing on the first such date to occur after the Closing Date.

Delayed Draw Commitment Fee. The Borrower shall pay to the Administrative Agent for the account of each Delayed Draw Term Lender in accordance with its Applicable Percentage, a commitment fee (the “Delayed Draw Commitment Fee”) equal to the Applicable Rate times the actual daily amount by which the aggregate Delayed Draw Term Commitments exceeds the Outstanding Amount of Delayed Draw Term Loans. The Delayed Draw Commitment Fee shall accrue at all times from the Closing Date to the Delayed Draw Termination Date, including at any time during which one (1) or more of the conditions in Article IV is not met, and shall be due and payable quarterly in arrears on the last Business Day of each of each May, August, November and February, commencing with the first such date to occur after the Closing Date, and on the Delayed Draw Termination Date. The Delayed Draw Commitment Fee shall be calculated quarterly in arrears, and if there is any change in the Applicable Rate during any quarter, the actual

Delayed Draw Commitment Fee. The Borrower agrees to pay to Lenders holding Delayed Draw Term Loan Commitments, commitment fees equal to (A) the average of the daily amount of the undrawn Delayed Draw Term Loan Commitments times (B) 1.00% per annum. All fees referred to in this Section 2.11(c) will be paid to the Administrative Agent at the Payment Office and upon receipt, the Administrative Agent will promptly distribute to each applicable Lender its Pro Rata Share thereof.

Delayed Draw Commitment Fee. In consideration of the Delayed Draw Term Loan Commitments, the Borrower agrees to pay to the Administrative Agent, for the ratable benefit of the Term Loan Lenders, a ticking fee (the “Delayed Draw Commitment Fee”) in an amount equal to the Applicable Percentage per annum on the average daily unused amount of the Delayed Draw Term Loan Committed Amount. The Delayed Draw Commitment Fee shall be payable quarterly in arrears on the last Business Day of each calendar quarter during the Delayed Draw Availability Period and on the last day of the Delayed Draw Availability Period.

Delayed Draw Commitment Fee. The Borrower agrees to pay to Lenders holding Delayed Draw Term Loan Commitments, commitment fees equal to (A) the average of the daily amount of the undrawn Delayed Draw Term Loan Commitments times (B)(i) with respect to the period commencing on the Closing Date through and including the twelve (12) month anniversary of the Closing Date, one half percent (0.50%) per annum, (ii) with respect to the period commencing on the day immediately following the twelve (12) month anniversary of the Closing Date through and including the twenty-four (24) month anniversary of the Closing Date, one percent (1.00%) and (iii) with respect to the period commencing on the day immediately following the twenty-four (24) month anniversary of the Closing Date through but excluding the Delayed Draw Term Termination Date, one and half percent (1.50%). All fees referred to in this Section 2.11(a) will be paid to the Administrative Agent at the Payment Office and upon receipt, the Administrative Agent will promptly distribute to each applicable Lender its Pro Rata Share thereof.

Delayed Draw Commitment Fee. In consideration of the Commitments, the Borrower agrees to pay to the Administrative Agent for the ratable benefit of the Lenders a commitment fee (the “Delayed Draw Commitment Fee”) in an amount equal to the Applicable Percentage per annum on the average daily unused amount of the Delayed Draw Term Loan Committed Amount then in effect (other than that portion attributable to the Defaulting Lenders, if any). The Delayed Draw Commitment Fee shall accrue from the date that is 90 days after the Closing Date until the earliest of (x) the Delayed Draw Funding Date, (y) the Delayed Draw Termination Date and (z) the date on which the Commitments have otherwise been reduced to zero. The Delayed Draw Commitment Fee shall be payable quarterly in arrears on the last day of each calendar quarter and on the Delayed Draw Termination Date.