Common use of Unused Revolving Line Facility Fee Clause in Contracts

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% (37.5 basis points) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall include amounts reserved under the Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ista Pharmaceuticals Inc), Loan Modification Agreement (Ista Pharmaceuticals Inc)

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Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.3750.50% (37.5 basis points) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall include amounts reserved under the for products provided in connection with Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward ContractsReduction Amount. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Adept Technology Inc), Loan and Security Agreement (Adept Technology Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one quarter of one percent (37.5 basis points0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall include amounts reserved under the for products provided in connection with Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Cardiac Science CORP), Loan and Security Agreement (Cardiac Science CORP)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-half of one percent (37.5 basis points0.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion For purposes hereof, any Letter of Credit Reserve, any F/X Reserve, or Cash Management Services held or in place for any calendar year shall constitute a utilization of the Revolving Line, for the purposes of this calculation, shall include amounts reserved under the Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder.

Appears in 2 contracts

Samples: Third Loan Modification Agreement (American Science & Engineering Inc), Third Loan Modification Agreement (American Science & Engineering Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% (37.5 basis points) percent per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved under the in connection with Letters of Credit, Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances Credit Extensions hereunder.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Numerex Corp /Pa/), Loan and Security Agreement (Numerex Corp /Pa/)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% (37.5 basis points) per annum of the average unused portion of the Revolving Line, as determined in good faith by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall include amounts reserved under equal the Cash Management Services Sublimit Revolving Line amount less the average for products provided and under the Foreign Exchange Sublimit for FX Forward Contractsperiod of the daily closing balance of the Revolving Line outstanding. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section 2.4(b) notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder.; and

Appears in 1 contract

Samples: Second Loan Modification Agreement (ExactTarget, Inc.)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”)) , payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-half of one percent (37.5 basis points.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall include amounts reserved under equal the Cash Management Services Sublimit average Availability Amount for products provided and under the Foreign Exchange Sublimit for FX Forward Contractsmonthly period. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder.;

Appears in 1 contract

Samples: Loan and Security Agreement (Ariosa Diagnostics, Inc.)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.3750.35% (37.5 basis points) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall include amounts reserved under the Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement Agreement, or the suspension or termination of Bank’s obligation to make loans and advances hereunder.; and

Appears in 1 contract

Samples: Loan and Security Agreement (Glu Mobile Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-quarter of one percent (37.5 basis points0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall include amounts reserved under the for products provided in connection with Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder.; and

Appears in 1 contract

Samples: Loan and Security Agreement (Bridgeline Digital, Inc.)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375 percent (0.375% (37.5 basis points%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall include amounts reserved under the Cash Management Services Sublimit for products provided and provided, under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement Agreement, or the suspension or termination of Bank’s obligation to make loans and advances hereunder., including during any Streamline Period; and

Appears in 1 contract

Samples: Loan and Security Agreement (Ramtron International Corp)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.3750.30% (37.5 basis points) per annum of the average unused portion of the Revolving LineLine during such month, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall include average amounts reserved under the for products provided in connection with Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward ContractsContracts during such month. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder., including during any Streamline Period; and

Appears in 1 contract

Samples: Loan and Security Agreement (Network Engines Inc)

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Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one quarter of one percent (37.5 basis points0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall include amounts reserved under the for products provided in connection with Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder.; and

Appears in 1 contract

Samples: Loan and Security Agreement (Concurrent Computer Corp/De)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one quarter percent (37.5 basis points0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of ; provide that, such Unused Revolving Line Facility Fee shall not be charged during the Revolving Line, for 1st 90 days following the purposes of this calculation, shall include amounts reserved under first date on which Borrower is subject to the Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward ContractsConversion Terms. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder.; and

Appears in 1 contract

Samples: Loan and Security Agreement (Crossroads Systems Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.3750.325% (37.5 basis points) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall include the FX Reserve and amounts reserved under the Cash Management Services Sublimit for products provided and under provided, but shall not include the Foreign Exchange Sublimit for FX Forward Contractsamount of outstanding Letters of Credit. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement Agreement, or the suspension or termination of Bank’s obligation to make loans and advances hereunder.;

Appears in 1 contract

Samples: Loan and Security Agreement (Calix Networks Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-half of one percent (37.5 basis points0.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion For purposes hereof, any Letter of Credit Reserve, any F/X Reserve, or Cash Management Services held or in place for any calendar year shall constitute a utilization of the Revolving Line, for the purposes of this calculation, shall include amounts reserved under the Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (American Science & Engineering Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to three hundred seventy five basis points (0.375% (37.5 basis points%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused utilized portion of the Revolving Line, for the purposes of this calculation, shall not include amounts utilized or reserved under the Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward ContractsSections 2.1.1, 2.1.3, or 2.1.4. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make loans and advances hereunder.;

Appears in 1 contract

Samples: Loan and Security Agreement (Drugstore Com Inc)

Unused Revolving Line Facility Fee. A In addition to the foregoing, as compensation for Bank’s maintenance of sufficient funds available for such purpose, Bank shall have earned a fee (the “Unused Revolving Line Facility Fee”), payable which fee shall be paid quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one quarter of one percent (37.5 basis points0.25%) per annum of the average unused portion of the Revolving Line, as reasonably determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall include amounts reserved under the Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement within Agreement, or the suspension or termination of Bank’s obligation to make loans and advances hereunder.; and

Appears in 1 contract

Samples: Loan and Security Agreement (ClearStory Systems, Inc.)

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