Common use of Revolving Commitment Fee Clause in Contracts

Revolving Commitment Fee. On the first day of each calendar month following the Closing Date and continuing on a monthly basis thereafter until and including the Revolving Commitment Termination Date, Borrowers shall pay to Administrative Agent, in arrears and for the account of the Lenders, a commitment fee in an amount equal to one half of one percent (0.50%) per annum times the average amount by which the Revolving Commitments exceeded the Aggregate Revolving Obligations (other than Swing Line Loans) on each day during the immediately preceding calendar month; provided that (1) no commitment fee shall accrue on the Revolving Commitment of a Defaulting Lender so long as such Lender shall be a Defaulting Lender and (2) any commitment fee accrued with respect to the Revolving Commitment of a Defaulting Lender during the period prior to the time that such Lender became a Defaulting Lender and unpaid at such time shall not be payable by Borrowers so long as such Lender shall be a Defaulting Lender. For purposes hereof, Swing Line Loans shall not be counted toward or considered as usage of the aggregate Revolving Commitments.

Appears in 5 contracts

Samples: Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.)

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Revolving Commitment Fee. On the first day of each calendar month following the Closing Date and continuing on a monthly basis thereafter until and including the Revolving Commitment Termination Date, The Borrowers shall pay to the Administrative Agent, in arrears and Agent for the account of each Revolving Loan Lender, for the Lendersperiod (including any portion thereof when any of its Revolving Loan Commitments are suspended by reason of any Borrower’s inability to satisfy any condition of Article V) commencing on the Effective Date and continuing through the Revolving Loan Commitment Termination Date, a commitment fee in an amount equal to one half the Applicable Commitment Fee Margin, in each case on such Revolving Loan Lender’s Percentage of one percent (0.50%) per annum times the sum of the average amount by which daily unused portion of the Revolving Commitments exceeded Loan Commitment Amount (calculated based on the Aggregate U.S. Dollar Equivalent thereof, and net of the U.S. Dollar Equivalent of Letter of Credit Outstandings). All commitment fees payable pursuant to this Section shall be calculated on a year comprised of 360 days and payable by the Revolving Obligations (other than Swing Line Loans) Loan Borrowers in arrears on the Effective Date and thereafter on each day during Quarterly Payment Date, commencing with the immediately preceding calendar month; provided that (1) no commitment fee shall accrue first Quarterly Payment Date following the Effective Date, and on the Revolving Loan Commitment Termination Date. The making of a Defaulting Lender so long as such Lender shall be a Defaulting Lender and (2) any commitment fee accrued with respect to the Revolving Commitment of a Defaulting Lender during the period prior to the time that such Lender became a Defaulting Lender and unpaid at such time shall not be payable by Borrowers so long as such Lender shall be a Defaulting Lender. For purposes hereof, Swing Line Loans shall not be counted toward or considered as constitute usage of the aggregate Revolving CommitmentsLoan Commitment with respect to the calculation of commitment fees to be paid by the Revolving Loan Borrowers to the Revolving Loan Lenders.

Appears in 1 contract

Samples: Credit Agreement (Mitel Networks Corp)

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