Common use of Revolving Credit Commitment Fee Clause in Contracts

Revolving Credit Commitment Fee. Prior to the Interest Rate Election Date (if any), Borrower shall pay to the Administrative Agent for the ratable account of the Lenders in accordance with their Revolver Percentages a commitment fee on the average daily Unused Revolving Credit Commitments at a rate per annum equal to (x) 0.20% if the average daily Unused Revolving Credit Commitments are less than 50% of the Revolving Credit Commitments then in effect and (y) 0.25% if the average daily Unused Revolving Credit Commitments are greater than or equal to 50% of the Revolving Credit Commitments then in effect (computed on the basis of a year of 360 days and the actual number of days elapsed) and determined based on the average daily Unused Revolving Credit Commitments during such previous quarter. For the avoidance of doubt, the principal amount of Swingline Loans (except to the extent refunded pursuant to Section 1.1(b)(iii)) shall not be counted towards or considered usage of the Revolving Credit Commitments for purposes of this Section. Such commitment fee shall be payable quarterly in arrears on the last day of each March, June, September, and December in each year (commencing on the first such date occurring after the date hereof) and on the earlier of (i) the Interest Rate Election Date (if any) or (ii) the Revolving Credit Termination Date, unless the Revolving Credit Commitments are terminated in whole on an earlier date, in which event the commitment fee for the period to the date of such termination in whole shall be calculated and paid on the date of such termination. Any such commitment fee for the first quarter following Closing Date or the quarter in which Interest Rate Election Date (if any) occurs shall be prorated according to the number of days this Agreement was in effect during such quarter.

Revolving Credit Commitment Fee. Prior to the Interest Rate Election Date (if any), The Borrower shall pay to the Administrative Agent for the ratable account of the Lenders each Revolving Credit Lender in accordance with their Revolver Percentages its Pro Rata Share, a commitment fee on (each, a “Revolving Credit Commitment Fee” and, collectively, the average “Revolving Credit Commitment Fees”) equal to the Applicable Rate times the actual daily Unused amount by which the aggregate Revolving Credit Commitments at a rate per annum equal to exceed the sum of (xi) 0.20% if the average daily Unused Outstanding Amount of Revolving Credit Commitments are less than 50% Loans and (ii) the Outstanding Amount of L/C Obligations. The Revolving Credit Commitment Fees shall accrue at all times from the date hereof until the Maturity Date of the Revolving Credit Commitments then in effect and (y) 0.25% if the average daily Unused Revolving Credit Commitments are greater than Facility, including at any time during which one or equal to 50% more of the Revolving Credit Commitments then conditions in effect (computed on the basis of a year of 360 days Article 4 is not met, and the actual number of days elapsed) and determined based on the average daily Unused Revolving Credit Commitments during such previous quarter. For the avoidance of doubt, the principal amount of Swingline Loans (except to the extent refunded pursuant to Section 1.1(b)(iii)) shall not be counted towards or considered usage of the Revolving Credit Commitments for purposes of this Section. Such commitment fee shall be due and payable quarterly in arrears on the last day Business Day of each March, June, SeptemberSeptember and December, and December in each year (commencing on with the first such date occurring to occur after the date hereof) Closing Date, and on the earlier of (i) the Interest Rate Election Maturity Date (if any) or (ii) for the Revolving Credit Termination Date, unless the Facility. The Revolving Credit Commitments are terminated in whole on an earlier date, in which event the commitment fee for the period to the date of such termination in whole Commitment Fees shall be calculated quarterly in arrears, and paid on if there is any change in the date of such termination. Any such commitment fee for Applicable Rate during any quarter, the first quarter following Closing Date or the quarter in which Interest Rate Election Date (if any) occurs actual daily amount shall be prorated according to computed and multiplied by the number of days this Agreement Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect during such quartereffect.

Revolving Credit Commitment Fee. Prior to the Interest Rate Election Date (if any), The Borrower shall pay to the Administrative Agent for the ratable account of the Lenders in accordance with according to their Revolver Percentages a commitment fee on the average daily Unused Revolving Credit Commitments at a rate per annum equal to (x) 0.20% if the average daily Unused Revolving Credit Commitments are less than 50% of the Revolving Credit Commitments then in effect and (y) 0.25% if the average daily Unused Revolving Credit Commitments are greater than or equal to 50% of the Revolving Credit Commitments then in effect Applicable Margin (computed on the basis of a year of 360 days and the actual number of days elapsed) and determined based on the average daily Unused Revolving Credit Commitments during such previous quarter. For (the avoidance of doubt“Commitment Fee”); provided, the principal amount of Swingline Loans (except however, that no Commitment Fee shall accrue to the extent refunded pursuant to Section 1.1(b)(iii)) shall not be counted towards or considered usage of the Unused Revolving Credit Commitments Commitment of a Defaulting Lender, or be payable for purposes the benefit of this Sectionsuch Lender, so long as such Lender shall be a Defaulting Lender. Such commitment fee Commitment Fee shall be payable quarterly in arrears on the last day of each March, June, September, and December in each year (commencing on the first such date occurring after the Second Restatement Effective Date; provided that any such fee pursuant to the First Amended and Restated Credit Agreement that had accrued and was unpaid as of the Second Restatement Effective Date shall continue to accrue and shall be payable as of the first payment date hereoffollowing the Second Restatement Effective Date) and on the earlier of (i) the Interest Rate Election Date (if any) or (ii) the Revolving Credit Termination Date, unless the Revolving Credit Commitments are terminated in whole on an earlier date, in which event the commitment fee Commitment Fee for the period to the date of such termination in whole shall be calculated and paid on the date of such termination. Any such commitment fee for the first quarter following Closing Date or the quarter in which Interest Rate Election Date (if any) occurs shall be prorated according to the number of days this Agreement was in effect during such quarter.

Revolving Credit Commitment Fee. Prior to the Interest Rate Election Date (if any), The Borrower shall pay to the Administrative Agent for the ratable account of the Lenders in accordance with according to their Revolver Percentages a commitment fee on the average daily Unused Revolving Credit Commitments at a rate per annum equal to (x) 0.20% if the average daily Unused Revolving Credit Commitments are less than 50% of the Revolving Credit Commitments then in effect and (y) 0.25% if the average daily Unused Revolving Credit Commitments are greater than or equal to 50% of the Revolving Credit Commitments then in effect Applicable Margin (computed on the basis of a year of 360 days and the actual number of days elapsed) and determined based on the average daily Unused Revolving Credit Commitments during such previous quarter. For (the avoidance of doubt“Commitment Fee”); provided, the principal amount of Swingline Loans (except however, that no Commitment Fee shall accrue to the extent refunded pursuant to Section 1.1(b)(iii)) shall not be counted towards or considered usage of the Unused Revolving Credit Commitments Commitment of a Defaulting Lender, or be payable for purposes the benefit of this Sectionsuch Lender, so long as such Lender shall be a Defaulting Lender. Such commitment fee Commitment Fee shall be payable quarterly in arrears on the last day of each March, June, September, and December in each year (commencing on the first such date occurring after the Restatement Effective Date; provided that any such fee pursuant to the Original Credit Agreement that had accrued and was unpaid as of the Restatement Effective Date shall continue to accrue and shall be payable as of the first payment date hereoffollowing the Restatement Effective Date) and on the earlier of (i) the Interest Rate Election Date (if any) or (ii) the Revolving Credit Termination Date, unless the Revolving Credit Commitments are terminated in whole on an earlier date, in which event the commitment fee Commitment Fee for the period to the date of such termination in whole shall be calculated and paid on the date of such termination. Any such commitment fee for the first quarter following Closing Date or the quarter in which Interest Rate Election Date (if any) occurs shall be prorated according to the number of days this Agreement was in effect during such quarter.

Revolving Credit Commitment Fee. Prior to the Interest Rate Election Date (if any), Borrower The Borrowers shall pay to the Administrative Agent Agent, for the ratable account of the Lenders in accordance with their Revolver Percentages a commitment fee Banks, commencing December 15, 1993, and continuing on the average daily Unused Revolving Credit Commitments at a rate per annum equal to fifteenth (x15th) 0.20% if the average daily Unused Revolving Credit Commitments are less than 50% of the Revolving Credit Commitments then in effect and (y) 0.25% if the average daily Unused Revolving Credit Commitments are greater than or equal to 50% of the Revolving Credit Commitments then in effect (computed on the basis of a year of 360 days and the actual number of days elapsed) and determined based on the average daily Unused Revolving Credit Commitments during such previous quarter. For the avoidance of doubt, the principal amount of Swingline Loans (except to the extent refunded pursuant to Section 1.1(b)(iii)) shall not be counted towards or considered usage of the Revolving Credit Commitments for purposes of this Section. Such commitment fee shall be payable quarterly in arrears on the last day of each March, June, September, September and December in each year (commencing on the first such date occurring after the date hereof) and on the earlier of (i) the Interest Rate Election Date (if any) or (ii) the Revolving Credit Termination Datethereafter, unless so long as the Revolving Credit Commitments are terminated outstanding, a commitment fee equal to twenty-five (25) basis points calculated on the average daily unused portion of the Revolving Credit Commitments during the immediately preceding three (3) month period ending December 1, March 1, June 1 or September 1; provided, however, the aggregate Revolving Credit commitment fee payable under this Agreement shall not exceed Fifty Thousand Dollars ($50,000) in whole on an earlier any trailing four (4) fiscal quarter period. Effective as of the relevant payment date, in which event the Obligation to pay the commitment fee shall be an absolute, joint and several Obligation of the Borrowers, not subject to cancellation or reduction for any reason, including, without limitation, termination, in whole or in part, of the Revolving Credit Commitments, and, once paid, the commitment fee shall be non-refundable. The Agent is hereby authorized by the Borrowers to automatically debit any of the Borrowers' accounts with the Agent for the period payment of any commitment fee due and payable hereunder. The Revolving Credit commitment fee shall be allocated between the Banks according to their Pro Rata Shares and will be remitted to Harrxx xxx NBD by the Agent promptly upon receipt. Borrowers and Harrxx xxxee that facility and other fees collected by Harrxx xxxer that certain First Amended and Restated Loan and Letter of Credit Agreement between the Borrowers, Harrxx xxx other parties dated October 25, 1990, will be retained by Harrxx xxxept that the unexpired portion of the annual revolving credit commitment fee thereunder paid in December 1992 on the revolving credit thereunder shall be refunded by Harrxx. Xhe amount of such refund shall not exceed $6,200 with the actual amount of refund to be calculated pursuant to the date of such termination in whole shall be calculated and paid on following formula: $30,000,000 x 31.25% x 25 bp x (unexpired days between the date of such termination. Any such commitment fee for the first quarter following Closing Date and December 1, 1993/360). Such refund will be made via offsetting reductions in the amount of future Revolving Credit Commitments fee or the quarter quarterly Letter of Credit Commission payments made to Harrxx xxxinning in which Interest Rate Election Date (if any) occurs shall be prorated according to the number of days this Agreement was in effect during such quarterMarch, 1994.