Revolving Loan Fee. If on or before June 30, 2009 (a) each of the events specified in clauses (i), (ii) and (iii) of Section 2.1(b) of this Agreement have not been satisfied to the satisfaction of ORIX, and (b) ORIX and the Replacement Revolving Lender have not entered into and delivered an intercreditor agreement, in form and substance satisfactory to ORIX, Borrower shall pay to ORIX, for the account of ORIX, a fee in the amount of $30,000 (the “Revolving Loan Fee”). The Revolving Loan Fee shall be deemed fully earned on June 30, 2009 if each of the above conditions are not satisfied and shall be nonrefundable upon its receipt by ORIX.”
Revolving Loan Fee. Section 2.6 of the Loan Agreement is deleted and replaced with the following:
Revolving Loan Fee. Borrower shall pay to Agent, for the account of the Lenders, a fee (the “Loan Fee”): equal to the sum of the following: (a) for the Swingline Loans, an amount equal to ____% per annum on the amount, calculated on a daily basis, by which the Swingline Commitment exceeds the actual aggregate outstanding principal balance of the Swingline Loans on each day (it being understood that any portion of the outstanding principal balance of the Swingline Loans ceases to be outstanding under the Swingline Loans and commences being a portion of the outstanding principal balance under the Revolving Loans on the date that the Revolving Loans are funded to repay such portion of the outstanding principal balance of the Swingline Loans); and (b) for the Revolving Loans, an amount equal to ____% per annum on the amount, calculated on a daily basis, by which $190,000,000 exceeds the sum of the actual aggregate outstanding principal balance of the Revolving Loans plus the LC Outstandings on each day. The accrued Loan Fee shall be due and payable in arrears on the first Monthly Payment Date in each fiscal quarter (and on the Expiration Date) for the three month period or other time period ending on the last day of the preceding fiscal quarter or on the Expiration Date. One hundred percent (100%) of the fee for the Swingline Loans (as set forth in Section 2.6(a)) shall be paid by Agent to the Swingline Lender. The fee for the Revolving Loans (as set forth in Section 2.6(b)) shall be paid (i) to each Lender other than the Swingline Lender based upon a percentage determined by dividing such Lender’s Revolving Loan Commitment by $190,000,000 and (ii) to Swingline Lender based upon a percentage determined by dividing (A) the product of Swingline Lender’s Revolving Loan Commitment minus $35,000,000, by (B) $190,000,000.
Revolving Loan Fee. Borrower shall pay to Bank a non-refundable facility fee in the total amount as set forth on the Closing Statement and Loan Disbursement Approval of even date herewith. Said loan fee is fully earned as of the execution of this Agreement. All unpaid fees shall be due and payable if the Revolving Loan is retired prior to the Revolving Loan Maturity Date.
Revolving Loan Fee. Borrower shall pay U.S. Bank a non-refundable fee of $50,000.00 for the Revolving Loan, of which $25,000 shall be paid concurrently with the execution of this Amendment and, unless U.S. Bank's obligation to make advances under the Revolving Loan has been terminated and all outstanding principal, accrued interests and other charges with respect to the Revolving Loan have been paid before July 1, 2003, the remaining $25,000 shall be paid on or before July 1, 2003.
Revolving Loan Fee. Concurrently with the execution of this Amendment, Borrower shall pay U.S. Bank a nonrefundable loan fee for the Revolving Loan in the amount of $6,250.
Revolving Loan Fee. Borrower shall pay to Agent, for the account of the Lenders, a fee (the “Loan Fee”) in an amount equal to .20% per annum on the amount, calculated on a daily basis, by which the Total Revolving Loan Commitment exceeds the sum of the actual aggregate outstanding principal balance of the Revolving Loans plus the LC Outstandings on each day. The accrued Loan Fee shall be due and payable in arrears on the first Monthly Payment Date in each fiscal quarter (and on the Expiration Date) for the three month period or other time period ending on the last day of the preceding fiscal quarter or on the Expiration Date. The fee shall be paid to each Lender based upon their respective Pro Rata Shares of the Revolving Loan Exposure of all Lenders.
Revolving Loan Fee. The Revolving Loan Borrower agrees to pay to Agent, for the account of the Lenders, a commitment fee (the Revolving “Loan Fee”) calculated at a per annum rate equal to the Revolving Loan Fee Rate on the average daily amount by which the Aggregate Revolving Loan Commitment exceeds the sum of (a) the actual aggregate outstanding principal balance of the Revolving Swing Line Loans on each day (it being understood that any portion of the outstanding principal balance of the Revolving Swing Line Loans ceases to be outstanding under the Revolving Swing Line Loans and commences being a portion of the outstanding principal balance under the Revolving Loans on the date that the Revolving Loans are funded to repay such portion of the outstanding principal balance of the Revolving Swing Line Loans); plus (b) the actual aggregate outstanding principal balance of the Revolving Loans plus the LC Obligations on each day. The accrued Revolving Loan Fee shall be due and payable in arrears on each Quarterly Payment Date hereafter and on the Termination Date for the three month period or other time period ending on the last day of the preceding fiscal quarter or on the Termination Date. The Revolving Loan Fee payable to each Lender other than the Swing Line Lender shall be based upon the amount determined by multiplying such Lender’s Pro Rata Share by the average daily amount by which the Aggregate Revolving Loan Commitment exceeds the actual aggregate outstanding principal balance of the Revolving Loans plus the LC Obligations on each day. The Revolving Loan Fee payable to the Lender which is the Swing Line Lender shall be based upon the amount determined by multiplying such Lender’s Pro Rata Share by the average daily amount by which the Aggregate Revolving Loan Commitment exceeds the actual aggregate outstanding principal balance of the Revolving Loans plus the LC Obligations on each day and subtracting from that amount the average daily outstanding principal balance of the Revolving Swing Line Loans.
Revolving Loan Fee. Concurrently with the execution of this Agreement, Borrower shall pay U.S. Bank a nonrefundable advisory fee for the Revolving Loan in the amount of $100,000.
Revolving Loan Fee. The Borrowers shall pay to the Agent for the ratable benefit of the Lenders a revolving credit facility fee (collectively, the "REVOLVING LOAN FEES" and individually, a "REVOLVING LOAN FEE") in an amount equal to 0.20% per annum of the average daily unused and undisbursed portion of the Revolving Credit Commitment in effect from time to time accruing during each quarter. The accrued and unpaid portion of the Revolving Loan Fee shall be paid by the Borrowers to the Agent in arrears on the first day of each quarter, on the first day of each January, April, July and October of each year during the Revolving Credit Term, and on the Revolving Credit Maturity Date.
