Common use of Unused Line Fee Clause in Contracts

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 5 contracts

Samples: Third Amended and Restated Credit Agreement (Ann Inc.), Third Amended and Restated Credit Agreement (Ann Inc.), Third Amended and Restated Credit Agreement (Anntaylor Stores Corp)

Find Contract Templates for Drafting

Draft contracts faster by searching through millions of contracts from the best law firms across all industries.

30+ Reviews on G2 Crowd
nixon-peabody.svg
casio.svg
baker-mckenzie.svg
p-morgan.svg
stanford-university.svg
klgates-logo.svg
harvard-university.svg
dentons.svg

Unused Line Fee. On the first day of each month Fiscal Quarter and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month prior Fiscal Quarter or shorter period if calculated for the first month hereafter Fiscal Quarter ending after the Closing Date or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt of good funds for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 4 contracts

Samples: Credit Agreement (Omnova Solutions Inc), Amended and Restated Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree Borrowers, jointly and severally, agree to pay to the Agent, for the account of the Revolving Credit Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to percentage per annum set forth in the definition of Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 3 contracts

Samples: Amended and Restated Credit Agreement (Fleetwood Enterprises Inc/De/), Second Amended and Restated Credit Agreement (Fleetwood Enterprises Inc/De/), Third Amended and Restated Credit Agreement (Fleetwood Enterprises Inc/De/)

Unused Line Fee. On Until the Obligations have been paid in full and this Agreement is terminated, the Borrower agrees to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the ratable account of the Lenders , in accordance with their respective Pro Rata Shares , an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee times 0.25% per annum on the amount by which the Total Facility average daily Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and Loans, the average daily aggregate undrawn face amount of all outstanding Letters of Credit plus the average daily aggregate amount of any unpaid reimbursement Obligations in respect of Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee unused line fee pursuant to this Section 2.5 3.4.

Appears in 3 contracts

Samples: Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.), Loan and Security Agreement (Eddie Bauer Holdings, Inc.)

Unused Line Fee. On Borrower agrees to pay to Administrative Agent for the account of each Lender an unused line fee determined on a daily basis, payable on the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, to pay to the Agent, for the account of the Lenders month, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) amount equal to the Applicable Margin for the Unused Line Fee times one-quarter of one percent (0.25%) per annum multiplied by such Lender’s Percentage Share of the amount by which the Total Facility Amount Revolving Credit Limit exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month calendar month, or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee Such fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments on the Revolving Loans received by the Administrative Agent shall be deemed to be credited to the applicable Borrower’s Loan Account Revolving Loans immediately upon receipt for purposes of calculating the Unused Line Fee amount payable pursuant to this Section 2.5 3.2(b).

Appears in 2 contracts

Samples: Loan and Security Agreement (Mad Catz Interactive Inc), Loan and Security Agreement (Mad Catz Interactive Inc)

Unused Line Fee. On Borrowers agree to pay, on the first 1st day of each month and on the Termination Date the Borrowers agree, jointly and severally Maturity Date, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to at the Applicable Margin for rate of the applicable Unused Line Fee times Percentage based on the amount by which result of (i) the Total Credit Facility Amount exceeded the sum of minus (ii) the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, Credit Facility Exposure during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date month. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 2.8.

Appears in 2 contracts

Samples: Loan and Security Agreement (Regional Management Corp.), Amended and Restated Loan and Security Agreement (Regional Management Corp.)

Unused Line Fee. On Borrowers agree to pay, on the first fifteenth day of each month and on the Termination Date the Borrowers agree, jointly and severally Maturity Date, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to one-half of one percent (0.50%) per annum on the Applicable Margin for the Unused Line Fee times the average closing daily amount by which the Total Credit Facility Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, Credit during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Maturity Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 Paragraph 2.8.

Appears in 2 contracts

Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)

Unused Line Fee. On the first Business Day of each calendar quarter (commencing with the first business day of each month the calendar quarter beginning July 1, 2017), and on the Termination Date Date, the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Revolving Credit Lenders , in accordance with their respective Pro Rata Shares , an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee Margin per annum times the amount by which the Total Facility average daily Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans (other than Swingline Loans) and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month calendar quarter (or shorter longer period if calculated for the first month hereafter such payment after the Closing Date or shorter period if calculated on the Termination Date . The Unused Line Fee shall be computed on the basis of a year of 365 or 366 days, as applicable, for the actual number of days elapsed ). All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.5. Upon receipt thereof, the Agent shall distribute the Unused Line Fee to the Revolving Credit Lenders ratably based on their Pro Rata Shares of the Revolving Credit Commitments.

Appears in 2 contracts

Samples: Credit Agreement (ProPetro Holding Corp.), Amendment (ProPetro Holding Corp.)

Unused Line Fee. On the first day of each month Fiscal Quarter and on the Termination Date the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month prior Fiscal Quarter or shorter period if calculated for the first month hereafter Fiscal Quarter ending after the Closing Date or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt of good funds for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 2 contracts

Samples: Second Amended and Restated Credit Agreement (Omnova Solutions Inc), Second Amended and Restated Credit Agreement (Omnova Solutions Inc)

Unused Line Fee. On the first day of each month and on the --------------- Termination Date the Date, Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee Margin times the amount by which (a) the Total Facility Maximum Revolver Amount exceeded (b) the sum of (i) the average daily outstanding amount of Revolving Loans and (ii) the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 . . -----------

Appears in 2 contracts

Samples: Second Amended and Restated Credit Agreement (Mail Well Inc), Amended and Restated Credit Agreement (Mail Well Inc)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee per annum times the amount by which the Total Facility Maximum Revolver Amount (or prior to November 19, 2005, $140,000,000) exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 2 contracts

Samples: Credit Agreement (Spansion Inc.), Credit Agreement (Advanced Micro Devices Inc)

Unused Line Fee. On the first day of each month hereafter and on the Termination Date Date, the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding principal amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 2 contracts

Samples: Third Amended and Restated Credit Agreement (Westlake Chemical Corp), Amended and Restated Credit Agreement (Westlake Chemical Corp)

Unused Line Fee. On Subject to Section 2.8, until the first day of each month Loans have been paid in full and on the Termination Date this Agreement terminated, the Borrowers agree, jointly and severally, agree to pay to the Agent, Agent for the account ratable benefit of the Lenders, in accordance with their respective Pro Rata Shares Revolving Commitment Percentages, an unused line on the first day of each calendar month and on the Termination Date, a fee (the "Unused Line Fee ") at a per annum rate equal to the Applicable Margin Percentage for the Unused Line Fee times multiplied by the amount by which the Total Facility Revolving Committed Amount exceeded the sum of the average daily outstanding amount of the Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, Credit during the immediately preceding month or shorter period if calculated for the first month hereafter after the Closing Date or on the Termination Date. The For purposes of computing the Unused Line Fee shall be computed on the basis of a year of 365 or 366 days Fee, as applicable, for the actual number of days elapsed. All principal payments (i) any payment received by the Agent (if received prior to 11:00 a.m. (Pasadena, California time)) shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating Borrowers' loan account on the Unused Line Fee pursuant to this Section 2.5 Business Day following the date such payment is received by the Agent and (ii) Non-Ratable Loans shall not be counted toward or considered usage under the Revolving Committed Amount.

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Friedmans Inc), Amended and Restated Credit Agreement (Friedmans Inc)

Unused Line Fee. On Until the Obligations have been paid in full and the Agreement terminated, the Borrower agrees to pay, on the first day of each month and on the Commitment Termination Date the Borrowers agree, jointly and severally Date, to pay to the Administrative Agent, for the ratable account of the Lenders , in accordance with their respective Pro Rata Shares , an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Amount exceeded the sum of Percentage per annum on the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit by which, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Commitment Termination Date , the aggregate amount of the Lenders’ Commitments during such period exceeded the sum of (i) the average daily outstanding amount of Loans and (ii) the undrawn face amount of all outstanding Letters of Credit. The Unused Line Fee unused line fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed . All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 .

Appears in 2 contracts

Samples: Credit Agreement (Macerich Co), Credit Agreement (Macerich Co)

Unused Line Fee. On Until the Obligations have been paid in full and this Agreement is terminated, the Borrowers agree, jointly and severally, to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the ratable account of the Lenders , in accordance with their respective Pro Rata Shares , an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee times 0.5% per annum on the amount by which the Total Facility average daily Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and Loans, the average daily aggregate undrawn face amount of all outstanding Letters of Credit plus the average daily aggregate amount of any unpaid reimbursement Obligations in respect of Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee unused line fee pursuant to this Section 2.5 3.4.

Appears in 2 contracts

Samples: Spiegel Inc, Spiegel Inc

Unused Line Fee. On Borrower agrees to pay to Administrative Agent for the account of each Lender an unused line fee determined on a daily basis, payable on the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, to pay to the Agent, for the account of the Lenders Date, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) amount equal to the Applicable Margin for the Unused Line Fee times one half percent (0.50%) per annum multiplied by such Lender's Percentage Share of the amount by which the Total Facility Amount Revolving Credit Limit exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month calendar month, or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee Such fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments on the Loans received by the Administrative Agent shall be deemed to be credited to the applicable Borrower’s Loan Account Revolving Loans immediately upon receipt for purposes of calculating the Unused Line Fee amount payable pursuant to this Section 2.5 3.2(b).

Appears in 1 contract

Samples: Loan and Security Agreement (Icts International N V)

Unused Line Fee. On Borrowers agree to pay, on the first 1st day of each month (or another day designated by Agent during a calendar month) and on the Termination Date the Borrowers agree, jointly and severally Maturity Date, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to at the Applicable Margin for rates per annum set forth below opposite the Unused Line Fee times applicable amounts under the column entitled “Average Daily Amount”. Such “Average Daily Amount” shall be an amount by which the Total Credit Facility Amount exceeded exceeds the sum of (i) the average daily outstanding amount of Revolving Loans and (ii) the average daily undrawn face amount of outstanding Letters of Credit, Credit during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Maturity Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 Paragraph 2.8.

Appears in 1 contract

Samples: Loan and Security Agreement (Regional Management Corp.)

Unused Line Fee. On the first day of each month and Commencing on the Termination Date date of this Agreement, the Borrowers agree shall, jointly and severally, to pay to the Administrative Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an a non-refundable unused line fee (the “Unused Line Fee”) at a rate per annum equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Amount exceeded the sum of Percentage on the average daily unused portion of the Revolving Credit Commitment (for which purpose the aggregate outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent L/C Obligations shall be deemed to be credited a use of the Revolving Credit Commitment); provided, that the amount of outstanding Swingline Loans shall not be considered usage of the Revolving Credit Commitment for the purpose of calculating such unused line fee (other than with respect to calculating any unused line fee due to the applicable Borrower’s Loan Account immediately upon receipt for purposes Swingline Lender). The unused line fee shall be payable in arrears on the last Business Day of calculating each calendar month during the Unused Line Fee pursuant term of this Agreement commencing November 30, 2012 and ending on the Maturity Date. Such unused line fee shall be distributed by the Administrative Agent to this Section 2.5 the Lenders pro rata in accordance with the Lenders’ respective Commitment Percentages.

Appears in 1 contract

Samples: Credit Agreement (Broadview Networks Holdings Inc)

Unused Line Fee. On the first day Business Day of each month February, May, August and November and on the Termination Date Date, the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee Rate per annum times the average daily amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date which such payment is required to be made. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Second Amended and Restated Credit Agreement (Saks Inc)

Unused Line Fee. On the first day Business Day of each month March, June, September and December and on the Termination Date Date, the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee 0.375% per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month three months or shorter longer period if calculated for the first month hereafter period ending February 29, 2004 or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Saks Inc)

Unused Line Fee. On the first day Business Day of each month calendar quarter and on the Termination Date Date, the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Revolving Credit Lenders , in accordance with their respective Pro Rata Shares , an unused line fee (the “Unused Line Fee”) equal to (i) the Applicable Margin for the Unused Line Fee Margin with respect to the Revolving Credit Commitment per annum, times (ii) the amount by which the Total Facility average daily Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month calendar quarter or shorter period if calculated for the first month calendar quarter hereafter or on the Termination Date . The Unused Line Fee shall be computed on the basis of a year of 365 or 366 days, as applicable, for the actual number of days elapsed . All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.5. Upon receipt thereof, the Agent shall distribute the Unused Line Fee to the Revolving Credit Lenders ratably based on their Pro Rata Shares of the Revolving Credit Commitments.

Appears in 1 contract

Samples: Credit Agreement (Nesco Holdings, Inc.)

Unused Line Fee. On the first day Business Day of each month calendar quarter and on the Termination Date Date, the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Revolving Credit Lenders , in accordance with their respective Pro Rata Shares , an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee Margin per annum times the amount by which the Total Facility average daily Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans (other than Swingline Loans) and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month calendar quarter or shorter period if calculated for the first month calendar quarter hereafter or on the Termination Date . The Unused Line Fee shall be computed on the basis of a year of 365 or 366 days, as applicable, for the actual number of days elapsed . All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.5. Upon receipt thereof, the Agent shall distribute the Unused Line Fee to the Revolving Credit Lenders ratably based on their Pro Rata Shares of the Revolving Credit Commitments.

Appears in 1 contract

Samples: Credit Agreement (ProPetro Holding Corp.)

Unused Line Fee. On the first day Business Day of each month calendar quarter and on the Termination Date Date, the U.S. Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders , in accordance with their respective Pro Rata Shares , an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee 0.25% per annum times the amount by which the Total Facility average daily Maximum Revolver Amount exceeded the sum of the Equivalent Amount in Dollars of the average daily outstanding amount of Revolving Loans (other than Swingline Loans) and the Equivalent Amount in Dollars of the average daily undrawn face maximum amount of available to be drawn under outstanding Letters of Credit, Credit during the immediately preceding month calendar quarter or shorter period if calculated for the first month calendar quarter hereafter or on the Termination Date . The Unused Line Fee shall be computed on the basis of a year of 365 or 366 days, as applicable, for the actual number of days elapsed . All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.5. Upon receipt thereof, the Agent shall distribute the Unused Line Fee to the Lenders ratably based on their Pro Rata Shares of the Revolving Credit Commitments.

Appears in 1 contract

Samples: Third Amended and Restated Credit Agreement (United Rentals North America Inc)

Unused Line Fee. On the first day Business Day of each month (or, if later, on the first Business Day following notification by the Agent to the Borrower Representative of the amount owing hereunder on such date) and on the Termination Date Date, the Borrowers agree, jointly and severally, severally agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee three-eighths of one percent (.375%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding principal amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, Credit during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Owens Corning)

Unused Line Fee. On the first day Business Day of each month and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee one-half of one percent (.50%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the portion of the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Unused Line Fee. On the first day Business Day of each month of April, July, October and January and on the Termination Date Date, the Borrowers agree, jointly and severally, agree to pay to the Administrative Agent, for the ratable account of the Lenders Revolving Lenders under each Facility, in accordance with their respective Pro Rata Shares Revolving Commitments under the relevant Facility, an unused line fee (the “Unused Line Fee”) in arrears equal to the Applicable Margin for the Unused Line Fee Margin per annum for the relevant Facility times the average daily amount by which the Total aggregate Revolving Commitments relating to that Facility Amount exceeded the sum of the average daily outstanding amount aggregate Outstanding Amount of Revolving Loans and Letter of Credit Obligations under that Facility (which shall exclude, for the average daily undrawn face purposes of this Section 3.2 only, the principal amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date all Swingline Loans and Protective Advances). The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed elapsed and shall be payable in Euros. All principal payments received by the Administrative Agent shall be deemed to be credited to the applicable Borrower’s Loan Account Borrowers’ loan account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.2.

Appears in 1 contract

Samples: Abl Credit Agreement (Univar Inc.)

Unused Line Fee. On the first day Business Day of each month of April, July, October and January and on the Termination Date Date, the Borrowers agree, jointly and severally, agree to pay to the Administrative Agent, for the rateable account of the Lenders Revolving Lenders under each Facility, in accordance with their respective Pro Rata Shares Revolving Commitments under the relevant Facility, an unused line fee (the “Unused Line Fee”) in arrears equal to the Applicable Margin for the Unused Line Fee Margin per annum for the relevant Facility times the average daily amount by which the Total aggregate Revolving Commitments relating to that Facility Amount exceeded the sum of the average daily outstanding amount aggregate Outstanding Amount of Revolving Loans and Letter of Credit Obligations under that Facility (which shall exclude, for the average daily undrawn face purposes of this Section 3.2 only, the principal amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date all Swingline Loans and Protective Advances). The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed elapsed and shall be payable in Euros. All principal payments received by the Administrative Agent shall be deemed to be credited to the applicable Borrower’s Loan Account Borrowers’ loan account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5. 3.2. 942882452.15

Appears in 1 contract

Samples: Abl Credit Agreement (Univar Inc.)

Unused Line Fee. On the first day of each month January, April, July and October, commencing April 1, 2002, and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay in arrears to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month quarter hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Gfsi Inc

Unused Line Fee. On the first day of each month calendar quarter and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, Lender an unused line fee (the “Unused Line Fee”) equal to the sum of the product of (a) the Applicable Margin for the Unused Line Fee times Margin, multiplied by (b) the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the daily average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, for each day during the immediately preceding month calendar quarter or shorter period if calculated for the first month calendar quarter hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All When the Borrower establishes its principal payments received by operating account with Lender, Borrower shall irrevocably authorize and direct the Agent shall be deemed Lender to be credited electronically withdraw from such principal operating account the sums required to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the pay each outstanding Unused Line Fee pursuant payment on the due date thereof and shall execute any necessary documents related thereto. Lender shall make reasonable efforts to this Section 2.5 send Borrower written confirmation of the amount to be withdrawn and the basis for the computation of such amount two (2) Business Days prior to such withdrawal, by first class mail, facsimile or other mutually acceptable means.

Appears in 1 contract

Samples: Credit Agreement (Intercontinentalexchange Inc)

Unused Line Fee. On the first day of each month calendar quarter and on the Termination Date Date, the U.S. Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders , in accordance with their respective Pro Rata Shares , an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee 0.25% per annum times the amount by which the Total Facility average daily Maximum Revolver Amount exceeded the sum of the Equivalent Amount in Dollars of the average daily outstanding amount of Revolving Loans (other than Swingline Loans) and the Equivalent Amount in Dollars of the average daily undrawn face maximum amount of available to be drawn under outstanding Letters of Credit, Credit during the immediately preceding month calendar quarter or shorter period if calculated for the first month calendar quarter hereafter or on the Termination Date . The Unused Line Fee shall be computed on the basis of a year of 365 or 366 days, as applicable, for the actual number of days elapsed . All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.5. Upon receipt thereof, the Agent shall distribute the Unused Line Fee to the Lenders ratably based on their Pro Rata Shares of the Revolving Credit Commitments.

Appears in 1 contract

Samples: Credit Agreement (Herc Holdings Inc)

Unused Line Fee. On the first day of each month after the Amendment Date and on the Termination Date the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, Lender an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee one-half of one percent (0.5%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter after the Amendment Date or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent Lender shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section SECTION 2.5.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Meade Instruments Corp)

Unused Line Fee. On the first day of each month after the Closing Date and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, Lender an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee one-half of one percent (0.5%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter after the Closing Date or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent Lender shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Meade Instruments Corp

Unused Line Fee. On the first day of each month and on the Commitment Termination Date the Borrowers agree, jointly and severally, agree to pay to the Administrative Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ”) "), which shall be equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for such portion of such month during which the first month hereafter or on the Termination Date Commitments were in effect. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Administrative Agent shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Westpoint Stevens Inc

Unused Line Fee. On the first day of each month and on the Commitment Termination Date the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, Lenders in accordance with their respective Pro Rata Shares shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times therefor multiplied by the amount by which the Total Facility Amount exceeded Revolver Commitments exceed the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month (or shorter period if calculated for the first month hereafter or on the Commitment Termination Date ). The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.2.

Appears in 1 contract

Samples: Amended and Restated Loan and Security Agreement (Alon USA Energy, Inc.)

Unused Line Fee. On the first day of each month and on the Commitment Termination Date Date, the Borrowers agree, jointly and severally, agree to pay to the Administrative Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ”) "), which shall be equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for such portion of such month during which the first month hereafter or on the Termination Date Commitments were in effect. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Administrative Agent shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Cone Mills Corp

Unused Line Fee. On the first day of each month and on the Termination Maturity Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, Lender an unused line fee (the "Unused Line Fee ") equal to the Applicable Unused Margin for the Unused Line Fee times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Maturity Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent Lender shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 2.10.

Appears in 1 contract

Samples: Credit Agreement (Crocs, Inc.)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Administrative Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin per annum in effect from time to 11 18 time for the Unused Line Fee LIBOR Revolving Loans, times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Administrative Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Kforce Com Inc)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Administrative Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee three tenths of one percent (0.3%) times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Administrative Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Amendment to Amended and Restated Credit Agreement (Kforce Inc)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Administrative Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee one quarter of one percent (0.25%) times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Administrative Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, Lenders in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times Percentage multiplied by the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month (or shorter period if calculated for the first month hereafter after the Closing Date or on the Termination Date ). The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Second Amended and Restated Credit Agreement (Alon USA Energy, Inc.)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, Lenders in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times Percentage multiplied by the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter after the Closing Date or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Alon USA Energy, Inc.)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee 0.25% per annum times the amount by which the Total Facility Amount (a) $105,000,000 exceeded (b) the sum of (i) the average daily outstanding amount of Revolving Loans and International Revolving Loans, plus (ii) the average daily undrawn face amount of outstanding Letters of Credit and International Letters of Credit, in each case during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 . The Borrowers' obligation under this Section 2.5 shall be pro tanto reduced by any amount paid by the International Borrowers under Section 2.5 of the International Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee one-half of one percent (.50%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Moll Industries Inc)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee 0.25% per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding principal amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit and the average daily unpaid reimbursement obligations in respect of Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Leapfrog Enterprises Inc)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee one-half of one percent (.50%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Spherion Corp)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, Lender an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee 0.375% per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent Lender shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (New Athletics, Inc.)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, Lenders in accordance with their respective Pro Rata Shares shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times therefor multiplied by the amount by which the Total Facility Amount exceeded Revolver Commitments exceed the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month (or shorter period if calculated for the first month hereafter after the Closing Date or on the Termination Date ). The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.2.

Appears in 1 contract

Samples: Loan and Security Agreement (Alon USA Energy, Inc.)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee one-half of one percent (0.50%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Maxxam Inc

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, Rate per annum on each day during the immediately preceding month (or shorter period if calculated for the first month hereafter or on the Termination Date ) times the amount by which the Maximum Revolver Amount exceeded the sum of the outstanding amount of Revolving Loans and the undrawn face amount of outstanding Letters of Credit on such day. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account Accounts immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Enpro Industries Inc

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount balance of Revolving Loans and the average daily undrawn face stated amount of outstanding Letters of Credit, Credit during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date Date times the Unused Line Fee Percentage. The Unused Line Fee shall be computed on the basis of a 360 day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Amendment to Amended and Restated Credit Agreement (Unifi Inc)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date Date times the Applicable Margin. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Unifi Inc)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, Lender an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee 37.5 basis points (.375%) per annum times the amount by which the Total Facility Amount Revolving Credit Commitment exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent Lender shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.5.

Appears in 1 contract

Samples: Reeds Jewelers Inc

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, to pay to the Administrative Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee three-eighths of one percent (0.375%) per annum times the amount by which the Total Facility average daily Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Administrative Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Foamex L P

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, to pay to the Administrative Agent, for the account of the Revolving Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee one-half of one percent (0.5%) per annum times the amount by which the Total Facility average daily Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Administrative Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Foamex International Inc

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, to pay to the Administrative Agent, for the account of the Revolving Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee one–half of one percent (0.5%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360–day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Administrative Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Manufacturers Services LTD)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Second Amended and Restated Credit Agreement (Taylor Ann Stores Corp)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree, jointly and severally, severally agree to pay to the Administrative Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee one quarter of one percent (0.25%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Administrative Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 2.4.

Appears in 1 contract

Samples: Second Amended and Restated Credit Agreement (Kforce Inc)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree Borrowers, jointly and severally, agree to pay to the Agent, for the account of the Revolving Credit Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee one half of one percent (0.5%) per annum times the amount by which the Total Facility Maximum Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Fleetwood Enterprises Inc/De/)

Unused Line Fee. On the first day of each month and on the Termination Date the Borrowers agree Date, jointly each of (a) Parent and severally, (b) UK Holdco and Unifrax UK agree to pay to the Administrative Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares Shares of the US Revolving Loans and the UK Revolving Loans, respectively, an unused line fee (the "Unused Line Fee ") as follows: Parent shall pay an unused line fee (the "US Unused Line Fee") equal to the Applicable Margin for the Unused Line Fee Fees times the amount by which the Total Facility Maximum US Revolving Loans Amount exceeded the average daily outstanding amount of US Revolving Loans and the average daily outstanding amount of the US Letter of Credit Obligations and the average daily Brazilian Letter of Credit Reserve during the immediately preceding month or shorter period if calculated on the Termination Date. The UK Borrowers shall pay an unused line fee (the "UK Unused Line Fee") equal to the Applicable Margin for Unused Line Fees times the amount by which the Maximum UK Revolving Loans Amount exceeded the sum of the average daily outstanding amount of UK Revolving Loans and the average daily undrawn face outstanding amount of outstanding Letters the UK Letter of Credit, Credit Obligations during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Administrative Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section SECTION 2.5.

Appears in 1 contract

Samples: Unifrax Investment Corp

Unused Line Fee. On the first day of each month and on the Termination Date Date, the Borrowers agree, jointly and severally, agree to pay (a) to the Collateral Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee one-half of one percent (0.50%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, Credit during the immediately preceding month (or shorter period if calculated for the first month hereafter or on the Termination Date ). The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Collateral Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Miller Industries Inc /Tn/)

Unused Line Fee. On the first day of each month and on the Termination Date Date, the Borrowers agree, jointly and severally, severally agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee three-eighths of one percent (.375%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, Credit during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Loan and Security Agreement (W R Grace & Co)

Unused Line Fee. On the first day of each month and on the Termination Date Date, the Borrowers agree Borrowers, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee 0.25% per annum times the amount by which the Total Facility Amount (a) $105,000,000 exceeded (b) the sum of (i) the average daily outstanding amount of Revolving Loans and U.S. Revolving Loans, plus (ii) the average daily undrawn face amount of outstanding Letters of Credit and U.S. Letters of Credit , in each case, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 . The Borrowers' obligation under this Section 2.5 shall be pro tanto reduced by any amount paid by the U.S. Borrower under Section 2.5 of the U.S. Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Unused Line Fee. On the first day of each month hereafter and on the --------------- Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding principal amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Coorstek Inc

Unused Line Fee. On the first day of each month hereafter and on the Termination Date the Borrowers agree, jointly and severally, Borrower agrees to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Central Freight Lines Inc

Unused Line Fee. On the first day of each month hereafter and on the Termination Date the Borrowers agree, jointly and severally, severally agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee three-eighths of one percent (.375%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Gundle SLT Environmental Inc

Unused Line Fee. On the first day of each month hereafter and on the Termination Date Date, the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee” "UNUSED LINE FEE") equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding principal amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section SECTION 2.5.

Appears in 1 contract

Samples: Credit Agreement (North American Pipe Corp)

Unused Line Fee. On the first day of each month prior to the Termination Date and on the Termination Date the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times three-eighths of one percent (0.375%) per annum multiplied by the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (MWI Veterinary Supply, Inc.)

Unused Line Fee. On the first day of each month month, and on the Termination Date Date, the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee one-quarter of one percent (0.25%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, Aggregate Revolver Outstandings during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent that constitute collected funds shall be deemed to be credited to reduce the applicable Borrower’s Loan Account Aggregate Revolver Outstandings immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 ; provided, however, that in the event a principal payment received by the Agent will not be credited until the following Business Day in accordance with Section 3.4(a), the Aggregate Revolver Outstandings shall be deemed to have been reduced on the day such payment is actually credited.

Appears in 1 contract

Samples: Amended and Restated Credit and Security Agreement (PSS World Medical Inc)

Unused Line Fee. On the first day of each month month, and on the Termination Date Date, the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5.

Appears in 1 contract

Samples: Credit Agreement (Caraustar Industries Inc)

Unused Line Fee. On the first day of each month month, and on the Termination Date Date, the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee three-eighths of one percent (0.375%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, Aggregate Revolver Outstandings during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent that constitute collected funds shall be deemed to be credited to reduce the applicable Borrower’s Loan Account Aggregate Revolver Outstandings immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 ; provided, however, that in the event a principal payment received by the Agent will not be credited until the following Business Day in accordance with Section 3.4(a), the Aggregate Revolver Outstandings shall be deemed to have been reduced on the day such payment is actually credited.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (PSS World Medical Inc)

Unused Line Fee. On the first day of each month month, commencing with the first such date following the Amendment Date, and on the Termination Date the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee one quarter of one percent (0.25%) per annum times the amount by which the Total Facility Maximum Revolver Amount minus the Block Reserve exceeded the sum of (i) the average daily outstanding amount of Revolving Loans, (ii) the average daily outstanding amount of Trademark Subfacility Loans and (iii) the average daily undrawn face amount of outstanding Letters of Credit, in each case, during the such immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers’ Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 2.4.

Appears in 1 contract

Samples: Second Amended and Restated Credit Agreement (Levi Strauss & Co)

Unused Line Fee. On Subject to Section 2.3, until the first day of each month Loans --------------- ----------- have been paid in full and on the Termination Date this Agreement terminated, the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, on the first day of each calendar month and on the Termination Date, an unused line fee (the "Unused Line Fee ") equal to the --------------- Applicable Margin for the Unused Line Fee times unused line fee percentage as provided by the definition of Applicable Margin multiplied by the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of the Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, Credit and Credit Support during the immediately preceding month or shorter period if calculated for the first month hereafter after the Closing Date or on the Termination Date. The Subject to Section 2.3, the Unused Line Fee shall be ----------- computed on the basis of a 360 day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for For purposes of calculating the Unused Line Fee pursuant to this Section 2.5 2.4, ----------- any payment received by the Agent (if received prior to 2:00 p.m. Dallas, Texas time) shall be deemed to be credited to the Borrowers' Loan Account on the date such payment is received by the Agent.

Appears in 1 contract

Samples: Letter of Credit (Encore Medical Corp)

Unused Line Fee. On Subject to Section 2.3, until the first day of each month Loans have been paid in full and on the Termination Date this Agreement terminated, the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, on the first day of each calendar month and on the Termination Date, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee times Percentage multiplied by the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of the Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, Credit and Credit Support during the immediately preceding month or shorter period if calculated for the first month hereafter after the Closing Date or on the Termination Date. The Subject to Section 2.3 the Unused Line Fee shall be computed on the basis of a 360 day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for For purposes of calculating the Unused Line Fee pursuant to this Section 2.5 , any payment received by the Agent (if received prior to 2:00 p.m. Dallas, Texas time) shall be deemed to be credited to the Borrowers' Loan Account on the date such payment is received by the Agent.

Appears in 1 contract

Samples: Credit Agreement (Egl Inc)

Unused Line Fee. On Subject to Section 2.3, until the first day of each month Revolving Loans have been paid in full and on the Termination Date this Agreement terminated, the Borrowers agree, jointly and severally, agree to pay to the Administrative Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, on the first day of each calendar month and on the Termination Date, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee times 0.375% per annum, multiplied by the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of the Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, Credit during the immediately preceding month or shorter period if calculated for the first month hereafter after the Closing Date or on the Termination Date. The Subject to Section 2.3, the Unused Line Fee shall be computed on the basis of a 360 day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for For purposes of calculating the Unused Line Fee pursuant to this Section 2.5 2.4, any payment received by the Administrative Agent (if received prior to 1:00 p.m. (Dallas, Texas time)) shall be deemed to be credited to the Borrowers' Loan Account on the Business Day following the date such payment is received by the Administrative Agent.

Appears in 1 contract

Samples: Txi Cement Co

Unused Line Fee. On Subject to Section 2.3, until the first day of each month Revolving Loans have been paid in full and on the Termination Date this Agreement terminated, the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, on the first day of each January, April, July, and October and on the Termination Date, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee times Percentage multiplied by the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of the Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, Credit during the immediately preceding three (3) month period or shorter period if calculated for such period beginning on the first month hereafter Closing Date or for such period ending on the Termination Date. The Subject to Section 2.3, the Unused Line Fee shall be computed on the basis of a 365/366 day year of 365 or 366 days, (as applicable , ) for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for For purposes of calculating the Unused Line Fee pursuant to this Section 2.5 , any payment received by the Agent (if received prior to 2:00 p.m. Chicago, Illinois time) shall be deemed to be credited to the Borrowers' Loan Account on the date such payment is received by the Agent.

Appears in 1 contract

Samples: Credit Agreement (Brown Shoe Co Inc/)

Unused Line Fee. On Subject to Section 2.3, until the first day of each month Revolving Loans have been paid in full and on the Termination Date this Agreement terminated, the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, on the first day of each calendar month and on the Termination Date, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee times three-eighths percent (0.375%) multiplied by the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of the Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, Credit and Credit Support during the immediately preceding month or shorter period if calculated for the first month hereafter after the Closing Date or on the Termination Date. The Subject to Section 2.3, the Unused Line Fee shall be computed on the basis of a 360 day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for For purposes of calculating the Unused Line Fee pursuant to this Section 2.5 2.4, any payment received by the Agent (if received prior to 2:00 p.m. (Dallas, Texas time)) shall be deemed to be credited to the Borrowers' Loan Account on the Business Day following the date such payment is received by the Agent.

Appears in 1 contract

Samples: Credit Agreement (Daisytek International Corporation /De/)

Unused Line Fee. On Subject to Section 2.3, until the first day of each month Revolving Loans have been paid in full and on the Termination Date this Agreement terminated, the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, on the last day of each March, June, September, and December and on the Termination Date, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times unused line fee percentage as provided by the definition of Applicable Margin multiplied by the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of the Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, Credit during the immediately preceding month calendar quarter or shorter period if calculated for the first month hereafter calendar quarter after the Closing Date or on the Termination Date. The Subject to Section 2.3, the Unused Line Fee shall be computed on the basis of a 360 day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for For purposes of calculating the Unused Line Fee pursuant to this Section 2.5 2.4, any payment received by the Agent (if received prior to 2:00 p.m. Dallas, Texas time) shall be deemed to be credited to the Borrowers’ Loan Account on the date such payment is received by the Agent.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Encore Medical Corp)

Unused Line Fee. On Subject to Section 2.3, until the first day Revolving Loans have been paid in full, all Letters of each month Credit have terminated or expired, and on the Termination Date this Agreement terminated, the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares Shares of the Revolving Loans Commitments, on the first day of each calendar month and on the Termination Date, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee times one-half of one percent (0.50%) multiplied by the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of the Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, Credit during the immediately preceding month or shorter period if calculated for the first month hereafter after the Closing Date or on the Termination Date. The Subject to Section 2.3, the Unused Line Fee shall be computed on the basis of a 360 day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for For purposes of calculating the Unused Line Fee pursuant to this Section 2.5 2.4 only, any payment received by the Agent (if received prior to 11:00 a.m. (Los Angeles, California time)) shall be deemed to be credited to the Borrowers' Loan Account on the Business Day following the date such payment is received by the Agent.

Appears in 1 contract

Samples: Imperial Sugar Co /New/

Unused Line Fee. On Subject to Section 2.3, until the first day Revolving Loans have been paid in full, all Letters of each month Credit have terminated or expired, and on the Termination Date this Agreement terminated, the Borrowers agree, jointly and severally, agree to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares Shares of the Revolving Loans Commitments, on the first day of each calendar month and on the Termination Date, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times one-quarter of one percent (0.25%) multiplied by the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of the Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, Credit during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Subject to Section 2.3, the Unused Line Fee shall be computed on the basis of a 360 day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for For purposes of calculating the Unused Line Fee pursuant to this Section 2.5. 2.4 only, any payment received by the Agent (if received prior to 11:00 a.m. (Los Angeles, California time)) shall be deemed to be credited to the Borrowers’ Loan Account on the Business Day following the date such payment is received by the Agent. AMENDED AND RESTATED CREDIT AGREEMENT

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Imperial Sugar Co /New/)

Unused Line Fee. On The Borrower agrees to pay to the Agent for the --------------- account of each Lender an unused line fee, for the period from the Closing Date to the Termination Date at a rate per annum of 0.375% of the difference between (a) the Maximum Amount and (b) the average for the period of the daily closing balances of the aggregate Loans and undrawn face amount of the Letters of Credit. Such unused line fee shall be payable monthly in arrears on the first day Business Day of each month following the month for which such fee is calculated and on the Termination Date the Borrowers agree, jointly and severally, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an any period then ending for which such unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date shall not have theretofore been paid. The Unused Line Fee unused line fee shall be computed for the actual number of days elapsed on the basis of a year of 365 or 366 360 days , as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 .

Appears in 1 contract

Samples: Credit Agreement (Oregon Steel Mills Inc)

Unused Line Fee. On The Borrower agrees to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the ratable account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to three-eighth's of one percent (.375%) per annum on the Applicable Margin for the Unused Line Fee times the average daily amount by which the Total Facility Maximum Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee unused line fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee unused line fee pursuant to this Section 2.5 3.5.

Appears in 1 contract

Samples: Amended and Restated Loan and Security Agreement (LDM Technologies Inc)

Unused Line Fee. On The Borrowers agree to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the ratable account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to one-half percent (.50%) per annum on the Applicable Margin for the Unused Line Fee times the average daily amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee unused line fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee unused line fee pursuant to this Section 2.5 SECTION 3.5. Unless the Agent shall otherwise agree, Consumer shall pay that portion of the unused line fee equal to $20,000,000 LESS the average daily balance of Revolving Loans outstanding to it and undrawn amount of Letters of Credit for its account and WOC shall pay that portion of the unused line fee equal to $10,000,000 LESS the average daily balance of Revolving Loans outstanding to it and the undrawn amount of Letters of Credit for its account, subject in each case to ratable reduction upon any reduction of the Revolving Loan Commitment permitted under SECTION 4.2.

Appears in 1 contract

Samples: Waxman Industries Inc

Unused Line Fee. On the first day of each month and on the Termination Date the The Borrowers agree, jointly and severally, to shall pay to the Collateral Agent, for the ratable account of the Lenders, Lenders in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to three-eighths of one percent (0.375%) per annum on the Applicable Margin average daily amount by which the amount of the Revolver Facility at such time exceeded the Aggregate Revolver Outstandings, payable on the first day of each month for the immediately preceding month and on the Termination Date for the period from the last date for which the Unused Line Fee times the amount by which the Total Facility Amount exceeded the sum of the average daily outstanding amount of Revolving Loans was paid to and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on including the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal As provided for in Section 5.9(c), all payments received by the Collateral Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower ’s Loan Account 's loan account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.6.

Appears in 1 contract

Samples: Imation Corp

Unused Line Fee. On Until the Loans have been paid in full and the Agreement terminated, the Borrower agrees to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee Amount times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, Credit during the immediately preceding month month, or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed elapsed and shall accrue at all times from and after (but not prior to) the Loan Availability Date. All principal payments received by the Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.5.

Appears in 1 contract

Samples: Amended and Restated Loan and Security Agreement (Advanced Micro Devices Inc)

Unused Line Fee. On Until the Loans have been paid in full and the Agreement terminated, the Borrowers agree to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee” "UNUSED LINE FEE") equal to the Applicable Margin for the Unused Line Fee sum of (a) three-eighths of one percent (0.375%) per annum times the amount by which the Total Facility Amount Borrowing Base exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, during PLUS (b) an amount, not less than zero, equal to one-quarter of one percent (0.25%) per annum times the remainder of the Commitments MINUS the amount of the Borrowing Base, each such component of the Unused Line Fee calculated for the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Subject to SECTION 3.8, the Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for For purposes of calculating the Unused Line Fee pursuant to this Section 2.5 SECTION 3.5, any payment received by the Agent in immediately available funds (if received prior to 2:00 p.m. Dallas, Texas time) shall be deemed to be credited to the Borrowers' Loan Account on the date such payment is received by the Agent and all other payments shall be deemed to be credited to the Borrowers' Loan Account on the Business Day following receipt thereof.

Appears in 1 contract

Samples: Amended and Restated Loan and Security Agreement (Pentacon Inc)

Unused Line Fee. On Until the Loans have been paid in full and the Agreement terminated, the Borrowers agree to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee Percentage times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Parker Drilling Co /De/)

Unused Line Fee. On Until the Loans have been paid in full and this Agreement terminated, the Borrower agrees to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee one quarter of one percent (1/4%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.5.

Appears in 1 contract

Samples: Loan and Security Agreement (Nicholas Financial Inc)

Unused Line Fee. On Until the Loans have been paid in full and this Agreement terminated, the Borrower agrees to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee one-half of one percent (0.50%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 SECTION 3.5.

Appears in 1 contract

Samples: Loan and Security Agreement (Fruit of the Loom Inc /De/)

Unused Line Fee. On Until the Loans have been paid in full and this Agreement terminated, the Borrower agrees to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee one-half percent (.5%) per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 43 51 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.5.

Appears in 1 contract

Samples: Loan and Security Agreement (Anchor Glass Container Corp /New)

Unused Line Fee. On Until the Loans have been paid in full and this Agreement terminated, the Borrowers agree to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee 0.375% per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.5.

Appears in 1 contract

Samples: Eftc Corp/

Unused Line Fee. On Until the Loans have been paid in full and this Agreement terminated, the Borrowers agree to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee per annum times the amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 SECTION 3.5.

Appears in 1 contract

Samples: Worldtex Inc

Unused Line Fee. On Until the Obligations (other than contingent indemnification obligations for which a claim has not been asserted) have been paid in full and this Agreement is terminated, the Borrower agrees to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the ratable account of the Lenders , in accordance with their respective Pro Rata Shares , an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times 1.00% per annum on the amount by which the Total Facility average daily Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and Pre-Petition Liabilities, the average daily outstanding amount of Revolving Loans, the average daily aggregate undrawn face amount of all outstanding Letters of Credit plus the average daily aggregate amount of any unpaid reimbursement Obligations in respect of Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee unused line fee pursuant to this Section 2.5 3.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Eddie Bauer Holdings, Inc.)

Unused Line Fee. On Until the Obligations have been paid in full and the Agreement terminated, the Borrower agrees to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the ratable account of the Lenders , in accordance with their respective Pro Rata Shares , an unused line fee (the "Unused Line Fee ") equal to the Applicable Margin for the Unused Line Fee three-eighths of one percent (0.375%) per annum times the average daily amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent on account of proceeds of Collateral shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 3.5.

Appears in 1 contract

Samples: Loan and Security Agreement (Weirton Steel Corp)

Unused Line Fee. On Until the Obligations have been paid in full and the Agreement terminated, the Borrower agrees to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the ratable account of the Lenders , in accordance with their respective Pro Rata Shares , an unused line fee (the "Unused Line Fee ") equal to three-eighths percent (0.375%) per annum on the Applicable Margin for the Unused Line Fee times the average daily amount by which the Total Facility Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee shall be computed from the Initial Funding Date on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee unused line fee pursuant to this Section 2.5 3.5.

Appears in 1 contract

Samples: Loan and Security Agreement (Consolidated Freightways Corp)

Unused Line Fee. On Until the Obligations have been paid in full and the Agreement terminated, the Borrower agrees to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the ratable account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to one-quarter of one percent (.25%) per annum (i.e., 1/12 of .25% per month) on the Applicable Margin for the Unused Line Fee times the average daily amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee unused line fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee unused line fee pursuant to this Section 2.5 3.5.

Appears in 1 contract

Samples: Revlon Consumer Products Corp

Unused Line Fee. On Until the Obligations have been paid in full and the Agreement terminated, the Borrower agrees to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the ratable account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Amount exceeded the sum three-eighths of one percent (.375%) per annum on the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit by which, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date , the Maximum Revolver Amount exceeded the sum of (i) the average daily outstanding amount of Revolving Loans, (ii) the undrawn face amount of all outstanding Letters of Credit and (iii) the average daily amount of the Foreign Exchange Reserve, but only to the extent the Borrowing Base Availability is less than the Maximum Revolver Amount. The Unused Line Fee unused line fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee unused line fee pursuant to this Section 2.5 3.5.

Appears in 1 contract

Samples: Merisel Inc /De/

Unused Line Fee. On Until the Obligations have been paid in full and the Agreement terminated, the Borrower agrees to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the ratable account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to three-eighths of one percent (3/8%) per annum on the Applicable Margin for the Unused Line Fee times the average daily amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee unused line fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee unused line fee pursuant to this Section 2.5 3.5.

Appears in 1 contract

Samples: United States Leather Inc /Wi/

Unused Line Fee. On Until the Obligations have been paid in full and the Agreement terminated, the Borrowers agree to pay, on the first day of each month and on the Commitment Termination Date the Borrowers agree, jointly and severally Date, to pay to the Administrative Agent, for the ratable account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to the Applicable Margin for the Unused Line Fee times the amount by which the Total Facility Amount exceeded the sum of Percentage per annum on the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of outstanding Letters of Credit by which, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Commitment Termination Date , the aggregate amount of the Lenders' Commitments during such period exceeded the sum of (i) the average daily outstanding amount of Loans and (ii) the undrawn face amount of all outstanding Letters of Credit. The Unused Line Fee unused line fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed . All principal payments received by the Agent shall be deemed to be credited to the applicable Borrower’s Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee pursuant to this Section 2.5 .

Appears in 1 contract

Samples: Credit Agreement (Macerich Co)

Unused Line Fee. On Until the Obligations have been paid in full and the Agreement terminated, the Borrowers agree, jointly and severally, to pay, on the first day of each month and on the Termination Date the Borrowers agree, jointly and severally Date, to pay to the Administrative Agent, for the ratable account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to three-eighths of one percent (0.375%) per annum on the Applicable Margin for the Unused Line Fee times the average daily amount by which the Total Facility lesser of the Maximum Revolver Amount or $300,000,000 exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee unused line fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Administrative Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower’s Borrowers' Loan Account Accounts immediately upon receipt for purposes of calculating the Unused Line Fee unused line fee pursuant to this Section 2.5 3.5.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Ames Department Stores Inc)

Unused Line Fee. On Until the Obligations have been paid in full and this Agreement is terminated, the Borrower agrees to pay, on the first day of each month and on the Termination Date the Borrowers agree Date, jointly and severally, to pay to the Agent, for the ratable account of the Lenders, in accordance with their respective Pro Rata Shares, an unused line fee (the “Unused Line Fee”) equal to one-half of one percent (.5%) per annum on the Applicable Margin for the Unused Line Fee times the average daily amount by which the Total Facility Maximum Revolver Amount exceeded the sum of the average daily outstanding amount of Revolving Loans and the average daily undrawn face amount of all outstanding Letters of Credit, during the immediately preceding month or shorter period if calculated for the first month hereafter or on the Termination Date. The Unused Line Fee unused line fee shall be computed on the basis of a 360-day year of 365 or 366 days, as applicable, for the actual number of days elapsed. All principal payments received by the Agent on account of Accounts or as proceeds of other Collateral shall be deemed to be credited to the applicable Borrower ’s 's Loan Account immediately upon receipt for purposes of calculating the Unused Line Fee unused line fee pursuant to this Section 2.5 3.5.

Appears in 1 contract

Samples: Sweetheart Holdings Inc \De\