Term Commitment Fee Clause Samples

Term Commitment Fee. The Borrower agrees to pay to the Agent for the ratable benefit of the Lenders a commitment fee on the average daily unused portion of the Term Commitments, from September 26, 2000 until the Term Commitment Termination Date at the rate of one half of one percent (0.50%) per annum (the "Term Commitment Fee"), payable in arrears on the last day of each calendar quarter commencing on the first such date occurring after the date of this Agreement. The Term Commitment Fee shall be calculated on the basis of a 360-day year for the actual days elapsed, and shall be non-refundable.

Term Commitment Fee. The Borrower agrees to pay to the ------------------- Agent for the ratable benefit of the Lenders a commitment fee (the "Term Commitment Fee") on the average daily unused portion of the Term Commitments, from December 21, 2001 until the Term Commitment Termination Date, at the rate of (i) 0.50% per annum for so long as the average daily aggregate balance of Borrower's direct deposit accounts maintained with the Agent for any quarter is less than $300,000, (ii) 0.30% per annum for so long as the average daily aggregate balance of Borrower's direct deposit accounts maintained with the Agent for any quarter is equal to or greater than $300,000 but less than $600,000, and (iii) 0.15% per annum for so long as the average daily aggregate balance of Borrower's direct deposit accounts maintained with the Agent for any quarter is equal to or greater than $600,000, payable in arrears on the last day of each calendar quarter commencing on the first such date occurring after December 21, 2001. The Term Commitment Fee shall be calculated on the basis of a 360-day year for the actual days elapsed, and shall be non-refundable. (h) A new Section 2.8 is added to the Credit Agreement, which shall read as follows:

Term Commitment Fee. The Borrower agrees to pay to the Agent for the account of each Bank a commitment fee on the daily average unused amount of such Bank's Term Commitment for the period from and including the Closing Date to and including November 30, 1999, at a rate equal to the Commitment Fee Rate as determined in accordance with subsection 4.2(b). For the purpose of calculating the commitment fee hereunder, the Term Commitments shall be deemed utilized by all outstanding Term Loans. Accrued commitment fees under this Section 3.5 shall be payable in arrears on each Quarterly Payment Date and on November 30, 1999.

Term Commitment Fee. The Borrower shall pay to the Administrative Agent for the account of each Term Lender (in accordance with its Term Commitment Percentage), a commitment fee (the “Term Commitment Fee”) which shall accrue and be payable on the daily amount of the unused Term Commitment of such Term Lender for the period beginning on the Closing Date, and continuing through the last day of the Term Commitment Period, at a rate of 0.25% per annum on the sum of the average daily unused portion of the aggregate Term Commitments. All Term Commitment Fees shall be fully earned when paid and nonrefundable under any circumstances. Accrued Term Commitment Fees shall be payable quarterly in arrears on the first day of each calendar quarter and on the last day of the Term Commitment Period. All Term Commitment Fees shall be computed on the basis of a year of 365 or 366 days, as the case may be, and shall be payable for the actual number of days elapsed (including the first day but excluding the last day). For clarity, the Term Commitment Fee shall not be payable with respect to any portion of the Term Commitments that have been terminated or deemed terminated in accordance with §2.10(b) and §2.10(c).

Term Commitment Fee. If Borrower prepays the Initial Term Borrowing with the proceeds of an equity offering as permitted by Section 3.2(c)(iii), Borrower agrees to pay to Agent for the account of each Lender a term commitment fee, which shall accrue at .50% on the average daily amount of the unused amount of the commitment of such Lender in respect of the Initial Term Borrowing during the period from and including the date of such prepayment to but excluding the earlier of (i) the date that Borrower reborrows the Initial Term Borrowing pursuant to Section 3.2(c)(iii) or (ii) the first anniversary of the Closing Date. Accrued term commitment fees shall be payable in arrears on the last day of March, June, September and December of each year and on the earlier of (i) the date that Borrower reborrows the Initial Term Borrowing as permitted by Section 3.2(c)(iii) or (ii) the first anniversary of the Closing Date, commencing on the first such date to occur after the date of such prepayment. All commitment fees shall be computed on the basis of a year of 360 days, unless such computation would exceed the highest lawful non-usurious rate permitted by applicable law, in which case interest shall be computed on the basis of a year of 365 days (or 366 days in a leap year), and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).”

Term Commitment Fee. The Borrower shall pay to the Administrative Agent, for the account of the Term Lenders, ratably in proportion to their Term Commitments, a commitment fee of 0.50% per annum on the daily amount of the Unused Term Commitments. Such commitment fee shall accrue from and including the date hereof to but excluding March 22, 2004 (or earlier date of termination of the Term Commitments in their entirety). Accrued commitment fees under this Section 2.08(b) shall be payable on March 22, 2004.

Term Commitment Fee. See §2.4(g).