Common use of LC Facility Fees Clause in Contracts

LC Facility Fees. The relevant Borrower shall pay (i) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of standby Letters of Credit pursuant to the terms of this Agreement, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day of each calendar quarter; (ii) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Documentary Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of documentary Letters of Credit pursuant to the terms of this Agreement, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day of each calendar quarter; and (iii) to the applicable Issuing Bank, for its own account, a fronting fee calculated at a rate of 0.125% per annum on the maximum amount available to be drawn by the Borrowers in respect of Letters of Credit issued by such Issuing Bank pursuant to the terms of this Agreement, which fee shall be payable quarterly in arrears of the first Business Day of each calendar quarter and (iv) to each Issuing Bank, for its own account, all other customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and during the continuance of an Event of Default, the fees payable under clauses (i) and (ii) shall accrue interest at the Default Rate. Notwithstanding anything to the contrary set forth herein, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted by Applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Fee, if any, payable to the Issuing Bank for its own account.

Appears in 3 contracts

Sources: Revolving Credit and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks & Mayors Inc.)

LC Facility Fees. (a) The relevant Borrower U.S. Borrowers shall pay (i) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees LIBOR Loans times the maximum average daily stated amount available to be drawn by the Borrower in respect of standby outstanding U.S. Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day day of each calendar quarterFiscal Quarter; (iib) the Canadian Borrower shall pay to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate Applicable Margin in effect for LIBOR Loans times the average daily stated amount of outstanding Canadian Letters of Credit denominated in Dollars, which fee shall be payable in arrears, on the first day of each Fiscal Quarter; (c) the Canadian Borrower shall pay to the Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the Applicable Margin in effect for Documentary Letter of Credit Fees B/A Equivalent Loans times the maximum average daily stated amount available to be drawn by the Borrower in respect of documentary outstanding Canadian Letters of Credit pursuant to the terms of this Agreementdenominated in Canadian Dollars, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day day of each calendar quarterFiscal Quarter; and (iiid) the German Borrowers shall pay to the Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the Applicable Margin in effect for LIBOR Loans times the average daily stated amount of outstanding German Letters of Credit denominated in Dollars, which fee shall be payable in arrears, on the first day of each Fiscal Quarter; (e) the German Borrowers shall pay to the Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the Applicable Margin in effect for LIBOR Loans times the average daily stated amount of outstanding German Letters of Credit denominated in Euros, which fee shall be payable in arrears, on the first day of each Fiscal Quarter; (f) the applicable Borrowers shall pay to the applicable Issuing Bank, for its own account, a fronting fee calculated at a rate not in excess of 0.125% per annum on of the maximum stated amount available to be drawn by the Borrowers in respect of Letters each Letter of Credit issued by such Issuing Bank pursuant to the terms of this AgreementCredit, which fee shall be payable quarterly in arrears of arrears, on the first Business Day day of each calendar quarter Fiscal Quarter; and (ivg) the applicable Borrowers shall pay to each the applicable Issuing Bank, for its own account, all other customary charges associated with the issuance, registration, amending, negotiating, payment, processing, transfer and administration of Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and during the continuance of an Event of Default, the fees payable under clauses (i) and (ii) shall accrue interest at the Default Rate. Notwithstanding anything to the contrary set forth herein, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted by Applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Fee, if any, payable to the Issuing Bank for its own accountincurred upon demand.

Appears in 3 contracts

Sources: Credit and Guaranty Agreement (Milacron Holdings Corp.), Amendment No. 2 (Milacron Holdings Corp.), Amendment Agreement (Milacron Holdings Corp.)

LC Facility Fees. The relevant Borrower Borrowers shall pay (ia) to the Applicable Agent, for the Pro Rata benefit of the Applicable Tranche A Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees LIBOR Tranche A Revolver Loans times the maximum average daily stated amount available to be drawn by the Borrower in respect of standby Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly monthly in arrears, on the first Business Day of each calendar quartermonth; (ii) to the Applicable Agentprovided, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Documentary Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of documentary Letters of Credit pursuant to the terms of this Agreement, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day of each calendar quarter; and (iii) to the applicable Issuing Bank, for its own account, a fronting fee calculated at a rate of 0.125% per annum on the maximum amount available to be drawn by the Borrowers in respect of Letters of Credit issued by such Issuing Bank pursuant to the terms of this Agreement, which fee shall be payable quarterly in arrears of the first Business Day of each calendar quarter and (iv) to each Issuing Bank, for its own account, all other customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and during the continuance of an Event of Default, the fees payable under clauses (i) and (ii) shall accrue interest at the Default Rate. Notwithstanding anything to the contrary set forth hereinhowever, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee such fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted by Applicable Law, to the other Tranche A Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Feefee, if any, payable to the Issuing Bank for its own account; (b) to each Issuing Bank, a fronting fee, for the account of such Issuing Bank, with respect to each Letter of Credit issued by such Issuing Bank in the amount agreed to between such Issuing Bank and the Borrower Agent, which fee shall be payable upon issuance of the Letter of Credit and on each anniversary date of such issuance, and shall be payable on any increase in stated amount made between any such dates; and (c) to Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Letters of Credit, which charges shall be paid as and when incurred. During the occurrence and continuance of an Event of Default, at the election of the Agent or the Required Lenders, the fee payable under clause (a) shall be increased by 2% per annum.

Appears in 2 contracts

Sources: Loan and Security Agreement (Bon Ton Stores Inc), Loan and Security Agreement (Bon Ton Stores Inc)

LC Facility Fees. The relevant Borrower (a) U.S. Borrowers shall pay (i) to the Applicable Agent, for the Pro Rata benefit of the Applicable U.S. Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees Interest Period Loans times the maximum amount available to be drawn by the Borrower in respect average daily Stated Amount of standby U.S. Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly monthly in arrears, on the first Business Day day of each calendar quartermonth; (ii) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Documentary Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of documentary Letters of Credit pursuant to the terms of this Agreement, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day of each calendar quarter; and (iii) to the applicable U.S. Issuing Bank, for its own account, a fronting fee calculated at a rate of equal to 0.125% per annum on the maximum amount available to be drawn by the Borrowers in respect Stated Amount of Letters each U.S. Letter of Credit issued by such U.S. Issuing Bank pursuant to the terms of this AgreementBank, which fee shall be payable quarterly monthly in arrears of arrears, on the first Business Day day of each calendar quarter month; and (iviii) to each U.S. Issuing Bank, for its own account, all other customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of U.S. Letters of Credit issued by such U.S. Issuing Bank, which charges shall be paid as and when incurred. If during an Event of Default the Default Rate applies to U.S. Loans, the fee payable under clause (i) shall be increased by 2% per annum. (b) Foreign Borrowers shall pay (i) to Agent, for the Pro Rata benefit of Foreign Lenders, a fee equal to the Applicable Margin in effect for Interest Period Loans times the average daily Stated Amount of Foreign Letters of Credit, which fee shall be payable monthly in arrears, on the first day of each month; (ii) to Foreign Issuing Bank, for its own account, a fronting fee equal to 0.125% per annum on the Stated Amount of each Foreign Letter of Credit, which fee shall be payable monthly in arrears, on the first day of each month; and (iii) to Foreign Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Foreign Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and If during the continuance of an Event of DefaultDefault the Default Rate applies to Foreign Loans, the fees fee payable under clauses clause (i) and (ii) shall accrue interest at the Default Rate. Notwithstanding anything to the contrary set forth herein, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted increased by Applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Fee, if any, payable to the Issuing Bank for its own account2% per annum.

Appears in 1 contract

Sources: Loan Agreement (Hyster-Yale Materials Handling, Inc.)

LC Facility Fees. The relevant Borrower (a) U.S. Borrowers shall pay (i) to the Applicable Agent, for the Pro Rata benefit of the Applicable U.S. Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees LIBOR Loans times the maximum amount available to be drawn by the Borrower in respect average daily Stated Amount of standby U.S. Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly monthly in arrears, on the first Business Day day of each calendar quartermonth; (ii) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Documentary Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of documentary Letters of Credit pursuant to the terms of this Agreement, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day of each calendar quarter; and (iii) to the applicable U.S. Issuing Bank, for its own account, a fronting fee calculated at a rate of equal to 0.125% per annum on the maximum amount available to be drawn by the Borrowers in respect Stated Amount of Letters each U.S. Letter of Credit issued by such U.S. Issuing Bank pursuant to the terms of this AgreementBank, which fee shall be payable quarterly monthly in arrears of arrears, on the first Business Day day of each calendar quarter month; and (iviii) to each U.S. Issuing Bank, for its own account, all other customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of U.S. Letters of Credit issued by such U.S. Issuing Bank, which charges shall be paid as and when incurred. If during an Event of Default the Default Rate applies to U.S. Loans, the fee payable under clause (i) shall be increased by 2% per annum. (b) Foreign Borrowers shall pay (i) to Agent, for the Pro Rata benefit of Foreign Lenders, a fee equal to the Applicable Margin in effect for LIBOR Loans times the average daily Stated Amount of Foreign Letters of Credit, which fee shall be payable monthly in arrears, on the first day of each month; (i) to Foreign Issuing Bank, for its own account, a fronting fee equal to 0.125% per annum on the Stated Amount of each Foreign Letter of Credit, which fee shall be payable monthly in arrears, on the first day of each month; and (iii) to Foreign Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Foreign Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and If during the continuance of an Event of DefaultDefault the Default Rate applies to Foreign Loans, the fees fee payable under clauses clause (i) and (ii) shall accrue interest at the Default Rate. Notwithstanding anything to the contrary set forth herein, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted increased by Applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Fee, if any, payable to the Issuing Bank for its own account2% per annum.

Appears in 1 contract

Sources: Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.)

LC Facility Fees. The relevant Borrower (a) U.S. Borrowers shall pay (i) to the Applicable Agent, for the Pro Rata benefit of the Applicable U.S. Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees LIBOR Loans times the maximum amount available to be drawn by the Borrower in respect average daily Stated Amount of standby U.S. Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day day of each calendar quarter; (ii) to the Applicable Agentapplicable U.S. Issuing Bank, for the Pro Rata benefit of the Applicable Lendersits own account, a fronting fee equal to the 0.125% per annum rate on the Stated Amount of the Applicable Margin in effect for Documentary each U.S. Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of documentary Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day day of each calendar quarter; and (iii) to the applicable Issuing Bank, for its own account, a fronting fee calculated at a rate of 0.125% per annum on the maximum amount available to be drawn by the Borrowers in respect of Letters of Credit issued by such Issuing Bank pursuant to the terms of this Agreement, which fee shall be payable quarterly in arrears of the first Business Day of each calendar quarter and (iv) to each U.S. Issuing Bank, for its own account, all other customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of U.S. Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and during the continuance of During an Event of Default, the fees fee payable under clauses clause (i) and shall be increased by 2.0% per annum to the extent the Default Rate is applied pursuant to Section 3.1.1(b) hereof. (b) Canadian Borrowers shall pay (i) to Agent, for the Pro Rata benefit of Canadian Lenders, a fee equal to the Applicable Margin for LIBOR Loans times the average daily Stated Amount of Canadian Letters of Credit, which fee shall be payable quarterly in arrears, on the first day of each calendar quarter; (ii) shall accrue interest at the Default Rate. Notwithstanding anything to the contrary set forth hereinapplicable Canadian Issuing Bank, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted by Applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Fee, if any, payable to the Issuing Bank for its own account, a fronting fee equal to 0.125% per annum on the Stated Amount of each Canadian Letter of Credit, which fee shall be payable quarterly in arrears, on the first day of each calendar quarter; and (iii) to the applicable Canadian Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Canadian Letters of Credit, which charges shall be paid as and when incurred. During an Event of Default, the fee payable under clause (i) shall be increased by 2.0% per annum to the extent the Default Rate is applied pursuant to Section 3.1.1(b) hereof.

Appears in 1 contract

Sources: Loan and Security Agreement (DXP Enterprises Inc)

LC Facility Fees. The relevant Borrower (a) U.S. Borrowers shall pay (i) to the Applicable Agent, for the Pro Rata benefit of the Applicable U.S. Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees LIBOR Loans times the maximum amount available to be drawn by the Borrower in respect average daily Stated Amount of standby U.S. Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly monthly in arrears, on the first Business Day day of each calendar quartermonth; (ii) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Documentary Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of documentary Letters of Credit pursuant to the terms of this Agreement, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day of each calendar quarter; and (iii) to the applicable U.S. Issuing Bank, for its own account, a fronting fee calculated at a rate of equal to 0.125% per annum on the maximum amount available to be drawn by the Borrowers in respect Stated Amount of Letters each U.S. Letter of Credit issued by such U.S. Issuing Bank pursuant to the terms of this AgreementBank, which fee shall be payable quarterly monthly in arrears of arrears, on the first Business Day day of each calendar quarter month; and (iviii) to each U.S. Issuing Bank, for its own account, all other customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of U.S. Letters of Credit issued by such U.S. Issuing Bank, which charges shall be paid as and when incurred. If during an Event of Default the Default Rate applies to U.S. Loans, the fee payable under clause (i) shall be increased by 2% per annum. (b) Foreign Borrowers shall pay (i) to Agent, for the Pro Rata benefit of Foreign Lenders, a fee equal to the Applicable Margin in effect for LIBOR Loans times the average daily Stated Amount of Foreign Letters of Credit, which fee shall be payable monthly in arrears, on the first day of each month; (ii) to Foreign Issuing Bank, for its own account, a fronting fee equal to 0.125% per annum on the Stated Amount of each Foreign Letter of Credit, which fee shall be payable monthly in arrears, on the first day of each month; and (iii) to Foreign Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Foreign Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and If during the continuance of an Event of DefaultDefault the Default Rate applies to Foreign Loans, the fees fee payable under clauses clause (i) and (ii) shall accrue interest at the Default Rate. Notwithstanding anything to the contrary set forth herein, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted increased by Applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Fee, if any, payable to the Issuing Bank for its own account2% per annum.

Appears in 1 contract

Sources: Loan Agreement (Hyster-Yale Materials Handling, Inc.)

LC Facility Fees. The relevant Borrower (a) U.S. Borrowers shall pay in Dollars (i) to the Applicable Agent, for the Pro Rata benefit of the Applicable U.S. Lenders, a fee (the “U.S. Letter of Credit Fee”) equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees LIBOR Loans times the maximum average daily undrawn amount available to be drawn by the Borrower in respect of standby U.S. Letters of Credit pursuant to the terms of this AgreementCredit, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly monthly in arrears, on the first Business Day day of each calendar quartermonth; (ii) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Documentary Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of documentary Letters of Credit pursuant to the terms of this Agreement, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day of each calendar quarter; and (iii) to the applicable Issuing Bank, for its own account, a fronting fee calculated at a rate of 0.125equal to .125% per annum on the maximum stated amount available to be drawn by the Borrowers in respect of Letters each U.S. Letter of Credit issued by such Issuing Bank pursuant to the terms of this AgreementCredit, which fee shall be payable quarterly monthly in arrears of arrears, on the first Business Day day of each calendar quarter month; and (iviii) to each Issuing BankU.S. LC Issuer, for its own account, all other customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of U.S. Letters of Credit, which charges shall be paid as and when incurred. At any time after the occurrence and during the continuance of During an Event of Default, the fees fee payable under clauses clause (i) and shall be increased by 2% per annum. (iib) Canadian Borrower shall accrue interest at the Default Rate. Notwithstanding anything pay in Canadian Dollars (i) to the contrary set forth hereinAgent, any Standby Letter of Credit Fee or Documentary Letter of Credit Fee otherwise payable for the account of a Defaulting Lender with respect to any Letter of Credit as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank shall be payable, to the maximum extent permitted by Applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter benefit of Credit pursuant to Section 4.2Canadian Lenders, with a fee (the balance of such Standby Letter of Credit Fee or Documentary “Canadian Letter of Credit Fee, if any, payable ”) equal to the Issuing Bank Applicable Margin in effect for Canadian BA Rate Loans times the average daily undrawn amount of Canadian Letters of Credit, which fee shall be payable monthly in arrears, on the first day of each month; (ii) to Agent, for its own account, a fronting fee equal to .125% per annum on the stated amount of each Canadian Letter of Credit, which fee shall be payable monthly in arrears, on the first day of each month; and (iii) to Canadian LC Issuer, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Canadian Letters of Credit, which charges shall be paid as and when incurred. During an Event of Default, the fee payable under clause (i) shall be increased by 2% per annum.

Appears in 1 contract

Sources: Loan and Security Agreement (Spherion Corp)

LC Facility Fees. The relevant (i) With respect to Letters of Credit issued at the request of a Requesting Borrower which is a Canadian Borrower, Canadian Borrowers shall pay (iA) to the Applicable Agent, for the Pro Rata benefit of the Applicable Canadian Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Standby Letter of Credit Fees Canadian BA Rate Revolver Loans times the maximum amount available to be drawn by the Borrower in respect average daily Stated Amount of standby Letters of Credit pursuant to issued at the terms request of this Agreementa Canadian Borrower, which fee (a “Standby Letter of Credit Fee”) shall be payable quarterly monthly in arrears, on the first Business Day day of each calendar quartermonth; (iiB) to the Applicable Agent, for the Pro Rata benefit of the Applicable Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Documentary Letter of Credit Fees times the maximum amount available to be drawn by the Borrower in respect of documentary Letters of Credit pursuant to the terms of this Agreement, which fee (a “Documentary Letter of Credit Fee”) shall be payable quarterly in arrears, on the first Business Day of each calendar quarter; and (iii) to the applicable Issuing Bank, for its own account, a fronting fee calculated at a rate of equal to 0.125% per annum on the maximum amount available to be drawn by the Borrowers in respect Stated Amount of Letters each Letter of Credit issued by such Issuing Bank pursuant to at the terms request of this Agreementa Canadian Borrower, which fee shall be payable quarterly monthly in arrears of arrears, on the first Business Day day of each calendar quarter month; and (ivC) to each Issuing Bank, for its own account, all other customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Letters of CreditCredit issued at the request of a Canadian Borrower, which charges shall be paid as and when incurred. At any time after the occurrence and during the continuance of During an Event of Default, the fees fee payable under clauses clause (iA) and shall be increased by 2% per annum. (ii) shall accrue interest With respect to Letters of Credit issued at the Default Rate. Notwithstanding anything request of a Requesting Borrower which is a U.S. Borrower, U.S. Borrowers shall pay (A) to Agent, for the Pro Rata benefit of U.S. Lenders, a fee equal to the contrary set forth herein, any Standby Letter Applicable Margin in effect for U.S. LIBOR Rate Revolver Loans times the average daily Stated Amount of Letters of Credit Fee or Documentary Letter of Credit Fee otherwise payable for issued at the account request of a Defaulting Lender with respect to any Letter of Credit as to U.S. Borrower, which such Defaulting Lender has not provided Cash Collateral satisfactory to the Issuing Bank fee shall be payablepayable monthly in arrears, on the first day of each calendar month; (B) to the maximum extent permitted by Applicable LawAgent, to the other Lenders in accordance with the upward adjustments in their respective Pro Rata shares allocable to such Letter of Credit pursuant to Section 4.2, with the balance of such Standby Letter of Credit Fee or Documentary Letter of Credit Fee, if any, payable to the Issuing Bank for its own account, a fronting fee equal to 0.125% per annum on the Stated Amount of each Letter of Credit issued at the request of a U.S. Borrower, which fee shall be payable monthly in arrears, on the first day of each calendar month; and (C) to Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Letters of Credit issued at the request of a U.S. Borrower, which charges shall be paid as and when incurred. During an Event of Default, the fee payable under clause (A) shall be increased by 2% per annum.

Appears in 1 contract

Sources: Loan and Security Agreement (Hydrofarm Holdings Group, Inc.)