Common use of Payments; Fees Clause in Contracts

Payments; Fees. Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Loan Documents, and a Defaulting Lender shall be deemed to have assigned to Agent such amounts until all Obligations owing to Agent, non-Defaulting Lenders and other Secured Parties have been paid in full. Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts to Borrowers hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Commitment shall be disregarded for purposes of calculating the unused line fee under Section 3.2.1. If any LC Obligations owing to a Defaulting Lender are reallocated to other Lenders, fees attributable to such LC Obligations under Section 3.2.2 shall be paid to such Lenders. Agent shall be paid all fees attributable to LC Obligations that are not reallocated. Subject to Section 14.18, no reallocation hereunder shall constitute a waiver or release of any claim of any non-defaulting Lender hereunder against a Defaulting Lender arising from that Xxxxxx having become a Defaulting Lender, including any claim of a non-defaulting Lender as a result of such non-defaulting Xxxxxx’s increased exposure following such reallocation. 4.2.3.

Appears in 1 contract

Samples: Credit and Security Agreement (Titan International Inc)

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Payments; Fees. The Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Loan Documents, and a Defaulting Lender shall be deemed to have assigned to the Agent such amounts until all Obligations owing to the Agent, non-Defaulting Lenders and other Secured Parties have been paid in full. The Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting ExposureLC Obligations, or readvance the amounts to Borrowers hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Commitment shall be disregarded for purposes of calculating the unused line fee under Section 3.2.1. If any LC Obligations owing to a Defaulting Lender are reallocated to other Lenders, fees attributable to such LC Obligations under Section 3.2.2 Sections 3.2.2, 3.2.3, 3.2.4, 3.2.5, 3.2.6, 3.2.7, 3.2.8, 3.2.9, or 3.2.10 shall be paid to such Lenders. Notwithstanding anything to the contrary in this Section 4.2.2, the LC Obligations owing to a Defaulting Lender may be reallocated to the other Lenders only to the extent that such reallocation does not cause the Total Revolver Exposure of any non-Defaulting Lender to exceed such non-Defaulting Lender’s Commitment. The Agent shall be paid all fees attributable to LC Obligations that are not reallocated. Subject to Section 14.18, no reallocation hereunder shall constitute a waiver or release of any claim of any non-defaulting Lender hereunder against a Defaulting Lender arising from that Xxxxxx having become a Defaulting Lender, including any claim of a non-defaulting Lender as a result of such non-defaulting Xxxxxx’s increased exposure following such reallocation. 4.2.3.

Appears in 1 contract

Samples: Intercreditor Agreement (MRC Global Inc.)

Payments; Fees. Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Loan Documents, and a Defaulting Lender shall be deemed to have assigned to Agent such amounts until all Obligations owing to Agent, non-Defaulting Lenders and other Secured Parties have been paid in full. Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts to Borrowers hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Commitment shall be disregarded for purposes of calculating the unused line fee under Section 3.2.1. If any LC Obligations owing to a Defaulting Defaulted Lender are reallocated to other Lenders, fees attributable to such LC Obligations under Section 3.2.2 shall be paid to such Lenders. Agent shall be paid all fees attributable to LC Obligations that are not reallocated. Subject to Section 14.18, no reallocation hereunder shall constitute a waiver or release of any claim of any non-defaulting Lender hereunder against a Defaulting Lender arising from that Xxxxxx Lender having become a Defaulting Lender, including any claim of a non-defaulting Lender as a result of such non-defaulting XxxxxxLender’s increased exposure following such reallocation. 4.2.3.

Appears in 1 contract

Samples: Credit and Security Agreement (Titan International Inc)

Payments; Fees. Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Loan Documents, and a Defaulting Lender shall be deemed to have assigned to Agent such amounts until all Obligations owing to Agent, non-Defaulting Lenders and other Secured Parties have been paid in full. Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting ExposureLC Obligations, or readvance the amounts to Borrowers hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolver Commitment shall be disregarded for purposes of calculating the unused line fee under Section 3.2.1. If any LC Obligations owing to a Defaulting Lender are reallocated to other Lenders, fees attributable to such LC Obligations under Section 3.2.2 3.2.3 or 3.2.5 shall be paid to such Lenders. Notwithstanding anything to the contrary in Section 4.2.1 and this Section 4.2.2, the LC Obligations owing to a Defaulting Lender may be reallocated to the other Lenders only to the extent that such reallocation does not cause the Total Revolver Exposure of any non-Defaulting Lender to exceed such non-Defaulting Lender’s Revolver Commitment. Agent shall be paid all fees attributable to LC Obligations that are not reallocated. Subject to Section 14.18, no reallocation hereunder shall constitute a waiver or release of any claim of any non-defaulting Lender hereunder against a Defaulting Lender arising from that Xxxxxx having become a Defaulting Lender, including any claim of a non-defaulting Lender as a result of such non-defaulting Xxxxxx’s increased exposure following such reallocation. 4.2.3.

Appears in 1 contract

Samples: Abl Credit Agreement (WillScot Corp)

Payments; Fees. The Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Loan Documents, and a Defaulting Lender shall be deemed to have assigned to the Agent such amounts until all Obligations owing to the Agent, non-Defaulting Lenders and other Secured Parties have been paid in full. The Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting ExposureLC Obligations, or readvance the amounts to Borrowers hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Commitment shall be disregarded for purposes of calculating the unused line fee under Section 3.2.1. If any LC Obligations owing to a Defaulting Lender are reallocated to other Lenders, fees attributable to such LC Obligations under Section 3.2.2 or Section 3.2.3 shall be paid to such Lenders. Notwithstanding anything to the contrary in this Section 4.2.2, the LC Obligations owing to a Defaulting Lender may be reallocated to the other Lenders only to the extent that such reallocation does not cause the U.S. Revolver Exposure and/or the Canadian Revolver Exposure, as applicable, of any non-Defaulting Lender to exceed such non-Defaulting Lender’s Commitment The Agent shall be paid all fees attributable to LC Obligations that are not reallocated. Subject to Section 14.18, no reallocation hereunder shall constitute a waiver or release of any claim of any non-defaulting Lender hereunder against a Defaulting Lender arising from that Xxxxxx having become a Defaulting Lender, including any claim of a non-defaulting Lender as a result of such non-defaulting Xxxxxx’s increased exposure following such reallocation. 4.2.3.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (South Texas Supply Company, Inc.)

Payments; Fees. The Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Loan Documents, and a Defaulting Lender shall be deemed to have assigned to the Agent such amounts until all Obligations owing to the Agent, nonNon-Defaulting Lenders and other Secured Parties have been paid in full. The Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance re-advance the amounts to Borrowers the Lead Borrower hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Commitment shall be disregarded for purposes of calculating the unused line fee Unused Line Fee under Section 3.2.12.05(a). If To the extent any LC Letter of Credit Obligations owing to a Defaulting Defaulted Lender are reallocated to other Lenders, fees Letter of Credit Fees attributable to such LC Letter of Credit Obligations under Section 3.2.2 2.05(c) accruing on and after the date of such reallocation shall be paid to such other Lenders. The Agent shall be paid all fees Letter of Credit Fees attributable to LC Letter of Credit Obligations that are not so reallocated. Subject to Section 14.18, no reallocation hereunder shall constitute a waiver or release of any claim of any non-defaulting Lender hereunder against a Defaulting Lender arising from that Xxxxxx having become a Defaulting Lender, including any claim of a non-defaulting Lender as a result of such non-defaulting Xxxxxx’s increased exposure following such reallocation. 4.2.3.

Appears in 1 contract

Samples: Credit Agreement (Chiquita Brands International Inc)

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Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Loan Credit Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, nonNon-Defaulting Lenders and other Secured Parties have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting ExposureRL Percentage of the Letter of Credit Outstandings, or readvance the amounts to the Borrowers hereunder. A No Lender shall not be entitled to receive or accrue any fees accruing hereunder during under Section 4.01(a) for and with respect to the period in of time during which it is a Defaulting Lender, and the Borrower shall not be required to pay any such fees on the unfunded portion of the U.S. Commitment and/or Canadian Commitment, as applicable, of any such Lender which would have otherwise accrued for and with respect to the period of time during which it is a Defaulting Lender. While any Lender is a Defaulting Lender, such Lender’s unfunded portion of its U.S. Commitment and/or Canadian Commitment, as applicable, shall be disregarded for purposes of calculating the unused line fee under Section 3.2.14.01(a). If any LC Obligations Letter of Credit Outstandings owing to a Defaulting Defaulted Lender are reallocated to other Lenders, fees attributable to such LC Obligations under Section 3.2.2 Letter of Credit Outstandings shall be paid to such Lenders. The Administrative Agent shall be paid all fees attributable to LC Obligations Letter of Credit Outstandings that are not reallocated. Subject to Section 14.18, no reallocation hereunder shall constitute a waiver or release of any claim of any non-defaulting Lender hereunder against a Defaulting Lender arising from that Xxxxxx having become a Defaulting Lender, including any claim of a non-defaulting Lender as a result of such non-defaulting Xxxxxx’s increased exposure following such reallocation. 4.2.3.

Appears in 1 contract

Samples: Abl Credit Agreement and Other Credit Documents (Affinia Group Intermediate Holdings Inc.)

Payments; Fees. Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Loan Documents, and a Defaulting Lender shall be deemed to have assigned to Agent such amounts until all Obligations owing to Agent, non-Defaulting Lenders and other Secured Parties have been paid in full. Agent may apply use such amounts to cover the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or to readvance the amounts to Borrowers hereunderor to repay Obligations. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Commitment shall be disregarded for purposes of calculating the unused line fee under Section 3.2.12.2.1. If any LC Obligations Letter of Credit Outstandings owing to a Defaulting Defaulted Lender are reallocated to other Lenders, fees attributable to such LC Obligations Letter of Credit Outstandings under Section 3.2.2 2.2.2 shall be paid to such Lenders. Agent shall be paid all fees attributable to LC Obligations Letter of Credit Outstandings that are not reallocated. Subject to Section 14.18, no reallocation hereunder shall constitute a waiver or release of any claim of any non-defaulting Lender hereunder against a Defaulting Lender arising from that Xxxxxx having become a Defaulting Lender, including any claim of a non-defaulting Lender as a result of such non-defaulting Xxxxxx’s increased exposure following such reallocation. 4.2.3.

Appears in 1 contract

Samples: Loan and Security Agreement (Standard Register Co)

Payments; Fees. To the extent the Borrowers are required to pay any amounts to a Defaulting Lender hereunder, Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Loan Documents, and a Defaulting Lender shall be deemed to have assigned to Agent such amounts until all Obligations owing to Agent, non-Defaulting Lenders and other Secured Parties have been paid in full. Agent may apply use such amounts to cover the Defaulting Lender’s 's defaulted obligations, use the funds to Cash Collateralize such Lender’s 's Fronting Exposure, or to readvance the amounts to Borrowers hereunderor to repay Obligations. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which while it is a Defaulting Lender, Lender and the its unfunded portion of its Commitment shall be disregarded for purposes of calculating the unused line fee under Section 3.2.1, and the Borrowers shall not be required to pay such unused line fee to such Defaulting Lender (or Agent for the benefit of such Defaulting Lender). If any LC Obligations owing to a Defaulting Lender are reallocated to other Lenders, fees attributable to such LC Obligations under Section 3.2.2 shall be paid to such Lenders. Agent shall be paid all fees attributable to LC Obligations that are not reallocated. Subject to Section 14.18, no reallocation hereunder shall constitute a waiver or release of any claim of any non-defaulting Lender hereunder against a Defaulting Lender arising from that Xxxxxx having become a Defaulting Lender, including any claim of a non-defaulting Lender as a result of such non-defaulting Xxxxxx’s increased exposure following such reallocation. 4.2.3.

Appears in 1 contract

Samples: Loan and Security Agreement (DXP Enterprises Inc)

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