Common use of Commitment Fees Clause in Contracts

Commitment Fees. The Company shall pay to the Agent for the account of each Bank a commitment fee ("Commitment Fee") on the average daily unused portion of such Bank's Revolving Loan Commitment computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to the Applicable Margin per annum. For purposes of calculating utilization under this Section, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS the Effective Amount of L/C Obligations then outstanding. Such commitment fee shall accrue from the Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE V are not met.

Appears in 2 contracts

Samples: Credit Agreement (Waterlink Inc), Credit Agreement (Waterlink Inc)

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Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Bank Revolving Lender a commitment fee ("calculated at a rate per annum equal to the Commitment Fee") Fee Rate on the average daily unused portion of such BankRevolving Lender's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar fiscal quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the Applicable Margin per annum. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding PLUS (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment) plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Closing Restatement Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December through the Revolving Termination Datefiscal quarter, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section subsection shall accrue at all times after the above-mentioned commencement dateRestatement Date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 2 contracts

Samples: Credit Agreement (Del Monte Foods Co), Credit Agreement (Del Monte Foods Co)

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Bank Revolving Lender a commitment fee ("calculated at a rate per annum equal to the Commitment Fee") Fee Rate on the average daily unused portion of such BankRevolving Lender's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar fiscal quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the Applicable Margin per annum. For purposes of calculating utilization under this Sectionsubsection, the -51- 62 Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding PLUS (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Closing Restatement Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December through the Revolving Termination Datefiscal quarter, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section subsection shall accrue at all times after the above-mentioned commencement dateRestatement Date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 2 contracts

Samples: Credit Agreement (Del Monte Foods Co), Credit Agreement (Del Monte Foods Co)

Commitment Fees. The Company shall pay to the Agent for the account of each Bank Revolving Lender a commitment fee ("Commitment Fee") on the average daily unused portion of such BankRevolving Lender's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to the Applicable Margin per annumCommitment Fee Percentage. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS (excluding any outstanding Swing Line Loans), plus the Effective Amount of the Dollar Equivalent of the Fronted Offshore Currency Loans then outstanding plus the Effective Amount of L/C Obligations then outstanding. Such commitment fee shall accrue from the Closing Date date hereof to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchcalendar quarter commencing on September 30, June, September and December 2000 through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED provided that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07Section 2.09, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 2 contracts

Samples: Credit Agreement (Oshkosh Truck Corp), Credit Agreement (Oshkosh Truck Corp)

Commitment Fees. The Company Borrower shall pay to the Administrative Agent for the account of each Bank Revolving Credit Lender a commitment fee ("Commitment Fee") on the average daily unused portion of such BankRevolving Credit Lender's Revolving Loan Commitment Credit Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the Applicable Margin per annumCommitment Fee Percentage. For purposes of calculating utilization under this Section, (i) the combined Revolving Loan Credit Commitments shall be deemed used to the extent of the Effective Amount of Revolving Credit Loans then outstanding PLUS outstanding, plus the Effective Amount of L/C Obligations then outstandingObligations, and (ii) the making of any Swingline Loan shall not be considered a use of any Revolving Credit Commitment. Such commitment fee shall accrue from the Closing Date to the Revolving 41 Termination Date Date, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on the first such day after this Agreement is executed by the Borrower through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED provided, that, in connection with any reduction or termination of the combined Revolving Loan Credit Commitments as the case may be, under SECTION 2.07Section 2.5 or Section 2.7, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Sather Trucking Corp)

Commitment Fees. The Company Holdings shall pay to the Administrative Agent for the account of each Bank Revolving Lender a commitment fee ("Commitment Fee") on the average actual daily unused portion of such Bank's Revolving Loan Lender’s Revolving Commitment (the “Available Commitment”), computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, Administrative Agent at a rate per annum equal to the Applicable Margin per annumFee Amount (such fees, the “Commitment Fees”). For purposes of calculating utilization the Available Commitment under this SectionSection 2.11, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS plus the Effective Amount of L/C Obligations then outstanding (other than L/C Obligations consisting of the aggregate undrawn amount of all Commercial Letters of Credit then outstanding). Swingline Loans shall not constitute utilization for purposes of calculating Available Commitment. Such commitment fee Commitment Fees shall accrue from the Closing Effective Date to the Revolving Termination Loan Maturity Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchcalendar quarter, Junecommencing on September 30, September and December through 2005, to the Revolving Termination Loan Maturity Date, with the final payment to be made on the Revolving Termination Loan Maturity Date; PROVIDED that, provided that in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07hereunder, the accrued commitment fee Commitment Fees calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fees provided in this Section 2.11(b) shall accrue at all times after the above-mentioned commencement dateEffective Date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Building Materials Holding Corp)

Commitment Fees. The Company shall Borrower agrees to pay to the Administrative Agent for the account of each Bank Lender a commitment fee ("Commitment Fee") Revolving Credit Non-Use Fee and a DDTL Non-Use Fee on the average daily unused portion amount of the Revolving Credit Commitment and the Delayed Draw Term Loan Commitment of such Bank's Revolving Loan Lender, which shall accrue at a rate per annum equal to the Applicable Margin for each such fee during the period from and including the Closing Date to but excluding the applicable Commitment computed on a quarterly basis Termination Date. Accrued commitment fees shall be payable in arrears on the last Business Day day of each calendar quarter based upon Fiscal Quarter, commencing on the daily utilization for first such date to occur after the date hereof (provided that quarter as calculated by whenever the Agentlast day of any Fiscal Quarter would otherwise be a day that is not a Business Day, equal such payment date shall be extended to the Applicable Margin per annumnext succeeding Business Day, provided that, if such extension would cause the payment date to occur in the following calendar month, such payment date shall be the immediately preceding Business Day), and on the respective Commitment Termination Date. For purposes of calculating utilization under this Sectioncomputing commitment fees, the Revolving Loan Commitments Credit Commitment of any Lender shall be deemed to be used to the extent of the Effective Amount aggregate principal amount at such time of its outstanding Revolving Loans then outstanding PLUS the Effective Amount of and such Lender’s participation in L/C Obligations then outstanding. Such commitment fee shall accrue from the Closing Date (but not to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date extent of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided Lender’s participations in this Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE V are not metoutstanding Swingline Loans).

Appears in 1 contract

Samples: Credit Agreement (Duluth Holdings Inc.)

Commitment Fees. The Company shall pay to the Agent for the account of each Bank Lender a commitment fee ("Commitment Fee") on the average daily unused portion of such BankLender's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to at the Applicable Margin per annum. For purposes of calculating utilization under this Section, the Revolving Loan Commitments Commitment shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS outstanding, plus the Effective Amount of L/C Obligations then outstandingoutstanding but excluding for the purposes of calculating utilization under this Section the Effective Amount of Swing Line Loans. Such commitment fee shall accrue from the Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED provided that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, Commitment under SECTION 2.07Section 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (CBIZ, Inc.)

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Bank a commitment fee (the "Commitment Fee") on the average daily unused portion of such Bank's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the Applicable Margin percent per annumannum set forth in Schedule 2.02 corresponding to the applicable pricing level determined in accordance therewith. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS outstanding, plus the Effective Amount of L/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the Closing Execution Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchquarter commencing on December 31, June, September and December 1998 through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED provided that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.072.05, the accrued commitment fee Commitment Fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fee provided in this Section subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Giant Industries Inc)

Commitment Fees. The Company Holdings shall pay to the Agent for the account of each Bank a commitment fee ("Commitment Fee") on the average actual daily unused portion of such Bank's Revolving Loan Commitment (the "AVAILABLE COMMITMENT"), computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, Agent at a rate per annum equal to the Applicable Margin per annumFee Amount. For purposes of calculating utilization the Available Commitment under this SectionSection 2.11, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS outstanding, plus the Effective Amount of L/C Obligations then outstanding (other than L/C Obligations consisting of the aggregate undrawn amount of all Commercial Letters of Credit then outstanding). Swingline Loans shall not constitute utilization. Such commitment fee shall accrue from the Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchcalendar quarter commencing on December 31, June1999, September and December through to the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, that in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07hereunder, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Building Materials Holding Corp)

Commitment Fees. The Company shall pay to the Agent for the account of each Bank Revolving Lender a commitment fee ("Commitment Fee") on the average daily unused portion of such BankRevolving Lender's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to the Applicable Margin per annumCommitment Fee Percentage. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS (excluding any outstanding Swing Line Loans), plus the Effective Amount of L/C Obligations then outstanding. Such commitment fee shall accrue from the Closing Date date hereof to the Revolving Loan Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchcalendar quarter commencing on March 31, June, September and December 2000 through the Revolving Loan Termination Date, with the final payment to be made on the Revolving Loan Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE V are not met.

Appears in 1 contract

Samples: Credit Agreement (Lone Star Technologies Inc)

Commitment Fees. The Company shall pay to the Agent for the account of each Bank Lender a commitment fee ("Commitment Fee") on the average daily unused portion of such BankXxxxxx's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to at the Applicable Margin per annum. For purposes of calculating utilization under this Section, the Revolving Loan Commitments Commitment shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS outstanding, plus the Effective Amount of L/C Obligations then outstandingoutstanding but excluding for the purposes of calculating utilization under this Section the Effective Amount of Swing Line Loans. Such commitment fee shall accrue from the Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED provided that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, Commitment under SECTION 2.07Section 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Century Business Services Inc)

Commitment Fees. The Company Holdings shall pay to the Administrative Agent for the account of each Bank Revolving Lender a commitment fee ("Commitment Fee") on the average actual daily unused portion of such Bank's Revolving Loan Lender’s Revolving Commitment (the “Available Commitment”), computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, Administrative Agent at a rate per annum equal to the Applicable Margin per annumFee Amount (such fees, the “Commitment Fees”). For purposes of calculating utilization the Available Commitment under this SectionSection 2.11, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS plus the Effective Amount of L/C Obligations then outstanding (other than L/C Obligations consisting of the aggregate undrawn amount of all Commercial Letters of Credit then outstanding). Swingline Loans shall not constitute utilization for purposes of calculating Available Commitment. Such commitment fee Commitment Fees shall accrue from the Closing Effective Date to the Revolving Termination Loan Maturity Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchcalendar quarter commencing on September 30, June2003, September and December through to the Revolving Termination Loan Maturity Date, with the final payment to be made on the Revolving Termination Loan Maturity Date; PROVIDED that, provided that in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07hereunder, the accrued commitment fee Commitment Fees calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fees provided in this Section 2.11(b) shall accrue at all times after the above-mentioned commencement dateEffective Date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Building Materials Holding Corp)

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Bank Revolving Lender a commitment fee ("calculated at a rate per annum equal to the Commitment Fee") Fee Rate on the average daily unused portion of such BankRevolving Lender's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar fiscal quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the Applicable Margin per annum. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding PLUS (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment) plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December through the Revolving Termination Datefiscal quarter, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section subsection shall accrue at all times after the above-mentioned commencement dateClosing Date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Del Monte Foods Co)

Commitment Fees. The Company shall pay to the Agent for the account of each Bank Lender a commitment fee ("Commitment Fee") on the average daily unused portion of such Bank's Lender’s Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to at the Applicable Margin per annum. For purposes of calculating utilization under this Section, the Revolving Loan Commitments Commitment shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS outstanding, plus the Effective Amount of L/C Obligations then outstandingoutstanding but excluding for the purposes of calculating utilization under this Section the Effective Amount of Swing Line Loans. Such commitment fee shall accrue from the Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED provided that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, Commitment under SECTION 2.07Section 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (CBIZ, Inc.)

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Bank Lender a commitment fee ("Commitment Fee") on the average daily unused portion of such BankLender's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization and mix of the Tranche A Loans and Tranche B Loans for that quarter as calculated by the Administrative Agent, equal to the Applicable Margin Commitment Fee Percentage per annum. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments shall will be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS outstanding, plus the Effective Amount of L/C Obligations then outstanding. Such commitment fee fees shall accrue from the Closing Restatement Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on the Restatement Date through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.072.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section subsection shall accrue at all times after during the period described above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE V IV are not met.

Appears in 1 contract

Samples: Revolving Credit Agreement (Teletech Holdings Inc)

Commitment Fees. The Company shall Borrower agrees to pay to the Administrative Agent for the account of each Bank Lender a commitment fee ("Commitment Fee") Revolving Credit Non-Use Fee and a DDTL Non-Use Fee on the average daily unused portion amount of the Revolving Credit Commitment and the Delayed Draw Term B Loan Commitment of such Bank's Revolving Loan Lender, which shall accrue at a rate per annum equal to the Applicable Margin for each such fee during the period from and including the Closing Date to but excluding the applicable Commitment computed on a quarterly basis Termination Date. Accrued commitment fees shall be payable in arrears on the last Business Day day of each calendar quarter based upon Fiscal Quarter, commencing on the daily utilization for first such date to occur after the date hereof (provided that quarter as calculated by whenever the Agentlast day of any Fiscal Quarter would otherwise be a day that is not a Business Day, equal such payment date shall be extended to the Applicable Margin per annumnext succeeding Business Day, provided that, if such extension would cause the payment date to occur in the following calendar month, such payment date shall be the immediately preceding Business Day), and on the respective Commitment Termination Date. For purposes of calculating utilization under this Sectioncomputing commitment fees, the Revolving Loan Commitments Credit Commitment of any Lender shall be deemed to be used to the extent of the Effective Amount aggregate principal amount at such time of its outstanding Revolving Loans then outstanding PLUS the Effective Amount of and such Lender’s participation in L/C Obligations then outstanding. Such commitment fee shall accrue from the Closing Date (but not to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date extent of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided Lender’s participations in this Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE V are not metoutstanding Swingline Loans).

Appears in 1 contract

Samples: Credit Agreement (Duluth Holdings Inc.)

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Bank Lender a commitment fee (the "Commitment Fee") on the average daily unused portion of such BankLender's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the percent per annum set forth in the definition of Applicable Margin per annumcorresponding to the applicable pricing level determined in accordance therewith. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS outstanding, plus the Effective Amount of L/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the Closing Execution Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchquarter commencing on September 30, June, September and December 2005 through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED provided that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07Section 2.05, the accrued commitment fee Commitment Fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fee provided in this Section subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Giant Industries Inc)

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Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Bank Lender a commitment fee (the "Commitment FeeCOMMITMENT FEE") on the average daily unused portion of such BankLender's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the Applicable Margin percent per annumannum set forth in SCHEDULE 2.02 corresponding to the applicable pricing level determined in accordance therewith. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS outstanding, plus the Effective Amount of L/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the Closing Execution Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchquarter commencing on December 31, June, September and December 2001 through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED provided that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.072.05, the accrued commitment fee Commitment Fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fee provided in this Section subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE V are not met.

Appears in 1 contract

Samples: Credit Agreement (Giant Industries Inc)

Commitment Fees. The Company shall pay to the Agent for the --------------- account of each Bank Lender with a Revolving Loan Commitment or L/C Commitment a commitment fee ("Commitment Fee") on the average daily unused portion of such Bank-------------- Revolving Lender's Revolving Loan Commitment or L/C Lender's L/C Commitment (as the case may be), computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to the Applicable Margin per annumannum applicable to the Commitment Fee. For purposes of calculating utilization under this Section, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS and the L/C Commitments shall be deemed used to the extent of the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.. ---------

Appears in 1 contract

Samples: Credit Agreement (Impac Group Inc /De/)

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Bank Lender a commitment fee ("Commitment Fee") calculated at a rate per annum equal to the Non-Use Fee Rate on the average daily unused portion of such BankLender's Percentage of the Revolving Loan Commitment Amount, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the Applicable Margin per annum. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments Commitment Amount shall be deemed used to the extent of the Effective Amount principal amount of all Revolving Loans then outstanding (but, for such purpose, Swingline Loans shall not constitute usage of the Revolving Commitment Amount) PLUS the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Closing Effective Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December through the Revolving Termination Datecalendar quarter, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section subsection shall accrue at all times after the above-mentioned commencement dateEffective Date, including at any time during which one or more conditions in ARTICLE V are not met.

Appears in 1 contract

Samples: Credit Agreement (Rayovac Corp)

Commitment Fees. The Company shall pay to the Administrative --------------- Agent for the account of each Bank a commitment fee on the average daily unused portion ("whether or not available to be used) of such Bank's Commitment Fee"set forth in Schedule 1.01(a) to this Agreement, as such Commitment may be reduced ---------------- hereunder, for the period commencing on the Effective Date and continuing thereafter, and computed on a monthly basis in arrears as of the last Business Day of each calendar month based upon the daily utilization for that month as calculated by the Administrative Agent, in an amount equal to the average daily unused portion of such Bank's Revolving Loan Commitment computed on a quarterly basis in arrears on times the last Business Day of each calendar quarter based upon applicable average rate per ----- annum that is derived from the daily utilization for that quarter as calculated by the Agent, equal to the Applicable Margin per annumCommitment Fee Rate. For purposes of calculating utilization under this Section, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS plus the Effective Amount of L/C Obligations then outstanding. Such Except as set forth above, such commitment fee shall accrue from the Closing Effective Date to the Revolving Termination Facility Expiry Date and shall be due and payable quarterly monthly in arrears on upon calculation by the last Business Day of each March, June, September Administrative Agent and December through such fees shall be charged to the Revolving Termination Date, Loan Account in accordance with the final payment to be made on the Revolving Termination DateSection 2.07; PROVIDED provided that, in connection with any reduction or termination -------- of Revolving Loan Commitments as the case may be, under SECTION 2.07Section 2.06, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section shall accrue at all times after the above-mentioned commencement dateEffective Date, including at any time during which one or more conditions in ARTICLE Article V are not met.. ---------

Appears in 1 contract

Samples: Credit Agreement (Clark Refining & Marketing Inc)

Commitment Fees. The Company shall pay to the --------------- Agent for the account of each Bank Lender a commitment fee ("Commitment Fee") on the average actual daily unused portion of such BankLender's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, Agent at a rate per annum equal to the Applicable Margin per annumFee Amount. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS outstanding, plus the ---- Effective Amount of L/C Obligations then outstanding. Swingline Loans shall not constitute utilization. Such commitment fee shall accrue from the Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchcalendar quarter (commencing on March 31, June, September and December through 2000) to the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, provided that in connection with any reduction or termination of Revolving Loan -------- Commitments as the case may be, under SECTION 2.07Section 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Mail Well Inc)

Commitment Fees. The Company Borrower shall pay to the Paying Agent for the account of each Bank Lender a commitment fee ("at the Commitment Fee") Fee Rate on such Lender's Pro Rata Share of the average daily unused portion of such Bank's the Revolving Loan Commitment Amount and the Acquisition Facility Commitment Amount, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Paying Agent, equal to the Applicable Margin per annum. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments Commitment Amount and the Acquisition Facility Commitment Amount shall be deemed used to the extent of the Effective Amount aggregate amount of all Revolving Loans, Acquisition Loans then outstanding PLUS the Effective Amount of and L/C Obligations then outstandingoutstanding (but Swingline Loans shall not constitute usage of the Revolving Commitment Amount). Such commitment fee shall accrue from the Closing Effective Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Quality Food Centers Inc)

Commitment Fees. The Company shall pay to the Agent for the account of each Bank Lender a commitment fee ("Commitment FeeCOMMITMENT FEE") on the average daily unused portion of such BankLender's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to at the Applicable Margin per annum. For purposes of calculating utilization under this Section, the Revolving Loan Commitments Commitment shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding outstanding, PLUS the Effective Amount of L/C Obligations then outstandingoutstanding but excluding for the purposes of calculating utilization under this Section the Effective Amount of Swing Line Loans. Such commitment fee shall accrue from the Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED provided that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, Commitment under SECTION 2.072.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Century Business Services Inc)

Commitment Fees. The Company shall pay to the Co-Administrative Agent for the account of each Bank Lender a commitment fee ("Commitment Fee") on the average daily unused portion of such BankLender's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Co-Administrative Agent, equal to the Applicable Margin per annumCommitment Fee Percentage. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS outstanding, plus the Effective Amount of L/C Obligations then outstandingoutstanding and shall not be deemed used by a Lender's Pro Rata Share of Swing Line Loans. Such commitment fee shall accrue from the Closing Date date hereof to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchcalendar quarter commencing on September 30, June, September and December 1999 through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE V are not met.

Appears in 1 contract

Samples: Credit Agreement (Regis Corp)

Commitment Fees. The In addition to certain fees described in Section 3.8, the Company shall pay to the Agent for the account of each Bank a commitment fee (the "Commitment Fee") on the average daily unused portion of such Bank's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to the Applicable Margin 0.25% per annum. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments Total Commitment shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS outstanding, plus the Effective Amount of L/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchcalendar quarter, Junecommencing on the first such quarterly date to occur after the Closing Date, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED provided that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, Total Commitment under SECTION 2.07Section 2.5 or Section 2.7, the accrued commitment fee Commitment Fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fees provided in this Section subsection shall accrue at all times after during the above-mentioned commencement dateperiod, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Midway Games Inc)

Commitment Fees. The Company Holdings shall pay to the Agent for the account of each Bank a commitment fee ("Commitment Fee") on the average actual daily unused portion of such Bank's Revolving Loan Commitment (the "Available Commitment"), computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, Agent at a rate per annum equal to the Applicable Margin per annumFee Amount. For purposes of calculating utilization the Available Commitment under this SectionSection 2.11, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS outstanding, plus the Effective Amount of L/C Obligations then outstanding (other than L/C Obligations consisting of the aggregate undrawn amount of all Commercial Letters of Credit then outstanding). Swingline Loans shall not constitute utilization. Such commitment fee shall accrue from the Closing Effective Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchcalendar quarter commencing on September 30, June2001, September and December through to the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, provided that in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07hereunder, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this Section subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Building Materials Holding Corp)

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Bank Lender a commitment fee (the "Commitment Fee") on the average daily unused portion of such BankLender's Revolving Loan Commitment Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the Applicable Margin percent per annumannum set forth in Schedule 2.02 corresponding to the applicable pricing level determined in accordance therewith. For purposes of calculating utilization under this Sectionsubsection, the Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of Revolving Loans then outstanding PLUS outstanding, plus the Effective Amount of L/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the Closing Execution Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchquarter commencing on September 30, June, September and December 2004 through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED provided that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07Section 2.05, the accrued commitment fee Commitment Fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fee provided in this Section subsection shall accrue at all times after the above-above- mentioned commencement date, including at any time during which one or more conditions in ARTICLE Article V are not met.

Appears in 1 contract

Samples: Credit Agreement (Giant Industries Inc)

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