Leverage Fee. An additional annual fee of $10,000 will be charged to each Fund for leverage monitoring and additional financial statement preparation required for Funds that utilize leverage.
Leverage Fee. In addition to interest accruing on the Notes, the Company agrees to pay to the holders of the Notes a fee (the “Leverage Fee”) with respect to each fiscal quarter of the Company, beginning with the fiscal quarter ending on (or nearest to) March 31, 2008, on the last day of which the Leverage Ratio for the four most recent fiscal quarters then ended is equal to or greater than 3.00 to 1.00. The Leverage Fee payable with respect to each Note shall be a dollar amount equal to (a) the product obtained by multiplying (i) (A) .010 if the Leverage Ratio is less than 4.00 to 1.00, and (B) .025 if the Leverage Ratio is equal to or greater than 4.00 to 1.00, in either case times (ii) the Weighted Dollar Average (as defined below) of the principal balance of such Note during the fiscal quarter to which the Leverage Fee relates and (b) dividing the product thus obtained by four. The Leverage Fee for each applicable fiscal quarter shall be payable in arrears on the date upon which the financial statements for such fiscal quarter are to be delivered under paragraph 5A(i) (or paragraph 5A(ii), if the applicable fiscal quarter is the last fiscal quarter in a fiscal year). If the Company fails to deliver financial statements under paragraphs 5A(i) or 5A(ii) for any fiscal quarter or fiscal year by the date such delivery is due, and fails to provide such financial statements within five (5) days of written notice of such failure given to the Company, then the Company shall be deemed to owe the Leverage Fee for such fiscal quarter and shall make the payment required for such fiscal quarter on the date due pursuant to the preceding sentence. Payment of the Leverage Fee shall be made pursuant to the terms of paragraph 11A. The acceptance of the Leverage Fee by any holder of a Note shall not constitute a waiver of any Default or Event of Default, including, without limitation, any Default or Event of Default under paragraph 6C(2). The consequences for the failure to pay the Leverage Fee when due shall be governed by paragraph 7A(ii) hereof, treating the Leverage Fee, for such purposes and for the purpose of determining the amount payable upon acceleration of the Notes, as interest.
Leverage Fee. The Borrower shall either make prepayments under this Agreement resulting in corresponding SIXTH AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT AND CONSENT — Page 12 Commitment reductions in accordance with Section 2.03(a) or 2.04(b)(vi) (other than as a result of Section 2.04(b)(viii)), as applicable, and the Note Obligations under the Note Agreement (not including any Yield-Maintenance Amounts as defined therein) in at least the cumulative amounts and on or before the dates set forth on the grid below or incur a leverage fee equal to the product of aggregate Commitments in effect on the date set forth on the grid below and the applicable percentage set forth on the grid below (collectively, the “Leverage Fee”). In the event that any voluntary prepayment is made pursuant to Section 2.04(a) in satisfaction of this Section 2.04(b)(vii), then the Borrower shall also permanently reduce the aggregate Commitments under Section 2.03(a) in an amount equal to such voluntary prepayment. Notwithstanding anything to the contrary contained herein, payments made and corresponding Commitment reductions related thereto under Section 2.03(c) and 2.04(b)(viii) or the payment of scheduled amortization of the Note Obligations shall not be included to determine Borrower’s compliance with this Section 2.04(b)(vii). Such Leverage Fee shall be fully earned on the date indicated but shall be due and payable on the earlier of (a) Termination Date or (b) the Obligations are refinanced, whether by amendment and restatement or otherwise. Leverage Fee Payable Cumulative Prepayments Under this Agreement Under this Agreement and (based on the aggregate Period Ending Note Agreement Commitments) September 30, 2009 $ 100,000,000 1.00 % December 31, 2009 $ 200,000,000 1.00 % March 31, 2010 $ 300,000,000 2.00 % To the extent that a consent from the Banks is necessary in order to permit a certain Asset Disposition for which the Net Cash Proceeds are to be included in the calculation of cumulative prepayments required hereunder, the Banks shall not charge a fee provided, however, such agreement not to charge a consent fee shall be limited to specific consents for which the sole purpose is to permit such Asset Disposition.
Leverage Fee. (i) Avnet shall pay to the Administrative Agent for the account of each Lender in accordance with each such Lender's Pro Rata Share, a leverage fee on a quarterly basis of 0.250% times the Dollar Equivalent of the actual daily aggregate Outstanding Amount of Loans and L/C Obligations on each day during any such Fiscal Quarter (the "Leverage Fee Reference Quarter") that the ratio of (A) Adjusted Funded Debt for such day to (B) EBITDA (as calculated for the four consecutive Fiscal Quarter period ended on the last day of such Leverage Fee Reference Quarter and as set forth in the Compliance Certificate delivered by Avnet to the Administrative Agent in respect of such Leverage Fee Reference Quarter) equals or exceeds 4.00 to 1.00.
Leverage Fee. Avnet shall pay to the Administrative Agent for the account of each Lender in accordance with each such Lenders' Pro Rata Share, a leverage fee on a quarterly basis of 0.250% times the Dollar Equivalent of the actual daily aggregate Outstanding Amount of Loans and L/C Obligations on each day during any such quarter. The leverage fee shall be calculated in arrears and shall accrue at all times from the Second Amendment Date to the Maturity Date, and so long thereafter as any such Loans or L/C Obligations shall be outstanding."
Leverage Fee. In addition to interest acxxxxxx xx xhe Notes in accordance with their terms, the Company agrees to pay each holder of Notes in immediately available funds a fee (the "Leverage Fee") payable in arrears on each interest payment date for the Notes in an amount per annum equal to a percentage of the outstanding principal amount of Notes held by such holder determined in accordance with the following table:
Leverage Fee. If the Consolidated Leverage Ratio as of the end of any fiscal quarter ending after the First Amendment Closing Date is greater than 3.50 to 1.00 for such fiscal quarter, then for such fiscal quarter the Company agrees to pay to the holders of the Notes, in addition to the interest accruing on the Notes, a fee (the “Leverage Fee”), payable in arrears on or before the 45th day after the end of such fiscal quarter, equal to 0.35% per annum on the unpaid principal amount of each such Note (computed on the basis of a year of 360 days and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day) during such fiscal quarter). The payment of the Leverage Fee shall not constitute a waiver of any Default or Event of Default.”
Leverage Fee. If the Consolidated Leverage Ratio as of the end of any fiscal quarter ending after the First Amendment Closing Date is greater than 3.50 to 1.00 for such fiscal quarter, then for such fiscal quarter theThe Company agrees to pay to the holders of the Notes, in addition to the interest accruing on the Notes, (a fee (the “Leverage Fee”), payable in arrears on or before the 45th day after the end of) if the Consolidated Leverage Ratio as of the end of any fiscal quarter ending after the First Amendment Closing Date but prior to the Fourth Amendment Closing Date is greater than 3.50 to 1.00 for such fiscal quarter, a fee equal to 0.35% per annum on the unpaid principal amount of each such Note (computed on the basis of a year of 360 days and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day) during such fiscal quarter), (b) if the Consolidated Leverage Ratio as of the end of any fiscal quarter ending after the Fourth Amendment Closing Date is greater than 3.50 to 1.00 but not greater than 4.00 to 1.00 for such fiscal quarter, a fee equal to 0.35% per annum on the unpaid principal amount of each such Note (computed on the basis of a year of 360 days and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day) during such fiscal quarter), and (c) if the Consolidated Leverage Ratio as of the end of any fiscal quarter ending after the Fourth Amendment Closing Date is greater than 4.00 to 1.00 for such fiscal quarter, a fee equal to 0.50% per annum on the unpaid principal amount of each such Note (computed on the basis of a year of 360 days and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day) during such fiscal quarter) (any such fee in the immediately foregoing clauses (a), (b) or (c) being referred to as the “Leverage Fee”), in each case payable in arrears on or before the 45th day after the end of such fiscal quarter. The payment of the Leverage Fee shall not constitute a waiver of any Default or Event of Default.
Leverage Fee. The Company shall pay to Purchaser on each payment date set forth below the amounts set forth next to such payment date if the Company does not deliver to Purchaser a certificate required under Section 6.6 as of the corresponding reporting date set forth below that demonstrates that the Consolidated Adjusted Net Worth as of the reporting date equals or exceeds $12,000,000 REPORTING Date LEVERAGE FEE PAYMENT DATE July 31, 1996 16,740 August 25, 1996 August 31, 1996 16,740 September 25, 1996 September 30, 1996 27,900 October 25, 1996 October 31, 1996 27,900 November 25, 1996
