Common use of Unused Revolving Line Facility Fee Clause in Contracts

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% percent per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions hereunder;

Appears in 2 contracts

Samples: Loan and Security Agreement (Numerex Corp /Pa/), Loan and Security Agreement (Numerex Corp /Pa/)

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Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.3750.50% percent per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved for products provided in connection with Letters of Credit, Cash Management Services and the FX Forward ContractsReduction Amount. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;

Appears in 2 contracts

Samples: Loan and Security Agreement (Adept Technology Inc), Loan and Security Agreement (Adept Technology Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one quarter of one percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined in good faith by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, under the Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement Agreement, or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;

Appears in 2 contracts

Samples: Loan and Security Agreement (Advanced BioHealing Inc), Loan and Security Agreement (Advanced BioHealing Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-half of one percent (0.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion For purposes hereof, any Letter of Credit Reserve, any F/X Reserve, or Cash Management Services held or in place for any calendar year shall constitute a utilization of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;.”

Appears in 2 contracts

Samples: Third Loan Modification Agreement (American Science & Engineering Inc), Third Loan Modification Agreement (American Science & Engineering Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount per annum equal to 0.375% percent per annum the Unused Line Fee Percentage of the average unused portion of the Revolving Line, as reasonably determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, under the Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement Agreement, or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;; and

Appears in 2 contracts

Samples: Loan and Security Agreement (Axcelis Technologies Inc), Loan and Security Agreement (Axcelis Technologies Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one quarter of one percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved for products provided in connection with Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;

Appears in 2 contracts

Samples: Loan and Security Agreement (Cardiac Science CORP), Loan and Security Agreement (Cardiac Science CORP)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-half of one percent (0.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved for products provided in connection with Cash Management Services, FX Forward Contracts or Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;, including during any Streamline Period; and

Appears in 2 contracts

Samples: Loan and Security Agreement (NxStage Medical, Inc.), Loan and Security Agreement (NxStage Medical, Inc.)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one quarter percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the ; provide that, such Unused Revolving Line, for the purposes of this calculation, Line Facility Fee shall not include amounts reserved in connection with Letters of Credit, Cash Management Services and FX Forward Contractsbe charged during the 1st 90 days following the first date on which Borrower is subject to the Conversion Terms. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;; and

Appears in 1 contract

Samples: Loan and Security Agreement (Crossroads Systems Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount per annum equal to 0.375% percent per annum the Unused Line Fee Percentage of the average unused portion of the Revolving LineTotal Commitment, as reasonably determined by Bank. The unused portion of the Revolving LineTotal Commitment, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, under the Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement Agreement, or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;; and

Appears in 1 contract

Samples: Loan and Security Agreement (Axcelis Technologies Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basisbasis on the last Business Day of each quarter, in an amount equal to 0.375% one-half of one percent (0.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved for products provided in connection with Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;, including during any Streamline Period; and

Appears in 1 contract

Samples: Loan and Security Agreement (Luna Innovations Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-half of one percent (0.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved for products provided in connection with Cash Management Services, FX Forward Contracts or Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;, including during any Streamline Period; and” and inserting in lieu thereof the following:

Appears in 1 contract

Samples: First Loan Modification Agreement (NxStage Medical, Inc.)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% three-eighths percent (0.375]%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, under the Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;

Appears in 1 contract

Samples: Loan and Security Agreement (Jive Software, Inc.)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-quarter percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved for products provided in connection with Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder, including during any Streamline Period;

Appears in 1 contract

Samples: Loan and Security Agreement (Wireless Ronin Technologies Inc)

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Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-quarter of one percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, under the Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement Agreement, or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;; and

Appears in 1 contract

Samples: Loan and Security Agreement (Microfluidics International Corp)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basisbasis on the last Business Day of each month, in an amount equal to 0.375% one-quarter of one percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved for products provided in connection with Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;, including during any Streamline Period; and” and inserting in lieu thereof the following:

Appears in 1 contract

Samples: Third Loan Modification Agreement (Luna Innovations Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-quarter of one percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, under the Cash Management Services Sublimit for products provided and under the Foreign Exchange Sublimit for FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;.

Appears in 1 contract

Samples: Loan and Security Agreement (Trustwave Holdings, Inc.)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-quarter percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved for products provided in connection with Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder, including during any Streamline Period;” and inserting the following in lieu thereof:

Appears in 1 contract

Samples: First Loan Modification Agreement (Wireless Ronin Technologies Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-half of one percent (0.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion For purposes hereof, any Letter of Credit Reserve, any F/X Reserve, or Cash Management Services held or in place for any calendar year shall constitute a utilization of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Letters of Credit, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder;.

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (American Science & Engineering Inc)

Unused Revolving Line Facility Fee. A fee (the “Unused Revolving Line Facility Fee”), payable quarterlymonthly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-half percent (0.50%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved for products provided in connection with Letters any Letter of CreditCredit Reserve, Cash Management Services and FX Forward Contracts. Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by Bank pursuant to this Section notwithstanding any termination of the Agreement or the suspension or termination of Bank’s obligation to make Credit Extensions loans and advances hereunder, including during any Streamline Period;

Appears in 1 contract

Samples: Loan and Security Agreement (NMT Medical Inc)

Unused Revolving Line Facility Fee. A In addition to the foregoing, as compensation for the Bank’s maintenance of sufficient funds available for such purpose, the Bank shall have earned a fee (the “Unused Revolving Line Facility Fee”), payable which fee shall be paid quarterly, in arrears, on a calendar year basis, in an amount equal to 0.375% one-quarter of one percent (0.25%) per annum of the average unused portion of the Revolving Line, as determined by Bank. The unused portion of the Revolving Line, for the purposes of this calculation, shall not include amounts reserved in connection with Bank (including any issued and outstanding Letters of Credit, Cash Management Services and FX Forward Contracts). The Borrower shall not be entitled to any credit, rebate or repayment of any Unused Revolving Line Facility Fee previously earned by the Bank pursuant to this Section notwithstanding any termination of the Agreement within Agreement, or the suspension or termination of the Bank’s obligation to make Credit Extensions loans and advances hereunder;; and

Appears in 1 contract

Samples: Loan and Security Agreement (Aprimo, INC)

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