Revolver Commitment Fee. The Borrower agrees to pay to the Administrative Agent for the account of each Revolving Credit Lender under the applicable Revolving Credit Facility in accordance with its Pro Rata Share or other applicable share provided for under this Agreement, a commitment fee (the “ Revolver Commitment Fee”) in Dollars equal to the Revolver Commitment Fee Rate times the actual daily amount by which the aggregate Revolving Credit Commitments for the applicable Revolving Credit Facility exceeds the sum of (A) the Outstanding Amount of Revolving Credit Loans for such Facility, and (B) the Outstanding Amount of L/C Obligations for such Facility; provided that any Revolver Commitment Fee accrued with respect to any of the Commitments 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 Borrower so long as such Lender shall be a Defaulting Lender, except to the extent that such Revolver Commitment Fee shall otherwise have been due and payable by the Borrower prior to such time; and provided, further, that no Revolver Commitment Fee shall accrue on any of the Commitments of a Defaulting Lender so long as such Lender shall be a Defaulting Lender. The Revolver Commitment Fee on each Revolving Credit Facility shall accrue at all times from the Closing Date until the Maturity Date for the Revolving Credit Commitments, including at any time during which one or more of the 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 March 31, 2021 and on the Maturity Date for the Revolving Credit Commitments. The Revolver Commitment Fee shall be calculated quarterly in arrears, and if there is any change in the Revolver Commitment Fee Rate during any quarter, the actual daily amount shall be computed and multiplied by the Revolver Commitment Fee Rate separately for each period during such quarter that such Revolver Commitment Fee Rate was in effect.
Appears in 4 contracts
Sources: Credit Agreement (Legence Corp.), Credit Agreement (Legence Corp.), Credit Agreement (Legence Corp.)
Revolver Commitment Fee. The Borrower agrees to pay to the Administrative Agent Agent, for the pro rata account of each Revolving Credit Lender under (other than each Revolving Lender that is a Defaulting Lender), for the applicable period (including any portion thereof when the Revolving Credit Facility in accordance with its Pro Rata Share or other applicable share provided for under this AgreementLoan Commitment is suspended by reason of the Borrower’s inability to satisfy any condition of Article V) commencing on the Effective Date and continuing through the Revolving Loan Commitment Termination Date, a commitment fee (the “ “Revolver Commitment Fee”) in Dollars equal to at the Revolver Applicable Margin on such Lender’s Percentage of the average daily unused portion of the Revolving Loan Commitment Fee Rate times Amount (calculated for the actual daily amount by which Swingline Lender as all Revolving Loan Commitment Amounts, minus the aggregate outstanding principal of all Revolving Credit Commitments Loans, minus the aggregate outstanding principal of all Swingline Loans, minus the face amount of each outstanding Letter of Credit; and calculated for all Lenders other than the applicable Swingline Lender as all Revolving Credit Facility exceeds Loan Commitment Amounts minus the sum aggregate outstanding principal of (Aall Revolving Loans minus the face amount of each outstanding Letter of Credit) the Outstanding Amount of Revolving Credit Loans for such Facility, and (B) the Outstanding Amount of L/C Obligations for such Facility; provided that any Revolver Commitment Fee accrued with respect to any of the Commitments of a Defaulting Lender during the period quarter ending immediately prior to the time applicable Quarterly Payment Date (without taking into account that portion of Revolving Loan Commitment Amount attributable to such Lender became a Defaulting Lender Lender). Such commitment fees are non-refundable and unpaid at such time shall not be payable by the Borrower so long as such Lender shall be a Defaulting Lender, except to the extent that such Revolver Commitment Fee shall otherwise have been due and payable by the Borrower prior to such time; and provided, further, that no Revolver Commitment Fee shall accrue on any of the Commitments of a Defaulting Lender so long as such Lender shall be a Defaulting Lender. The Revolver Commitment Fee on each Revolving Credit Facility shall accrue at all times from the Closing Date until the Maturity Date for the Revolving Credit Commitments, including at any time during which one or more of the 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 DecemberQuarterly Payment Date, commencing March 31with the first Quarterly Payment Date following the Effective Date, 2021 and on the Maturity Date for the Revolving Credit Commitments. The Revolver Loan Commitment Fee shall be calculated quarterly in arrears, and if there is any change in the Revolver Commitment Fee Rate during any quarter, the actual daily amount shall be computed and multiplied by the Revolver Commitment Fee Rate separately for each period during such quarter that such Revolver Commitment Fee Rate was in effectTermination Date.
Appears in 2 contracts
Sources: Amendment Agreement (CatchMark Timber Trust, Inc.), Credit Agreement (CatchMark Timber Trust, Inc.)