Common use of BA Fees Clause in Contracts

BA Fees. The Borrower shall pay to the Administrative Agent for the account of each Revolving Credit Lender in accordance with its Applicable Revolving Credit Percentage a Bankers’ Acceptance fee (the “BA Fee”) equal to the Bankers’ Acceptance Rate plus the Applicable Rate times the maximum stated amount of all then outstanding Bankers’ Acceptances. BA Fees shall be (i) due and payable on the first Business Day after the end of each March, June, September and December, commencing with the first such date to occur after the issuance of such Bankers’ Acceptance, on the Maturity Date and thereafter on demand and (ii) computed on a quarterly basis in arrears; provided, however, any BA Fees otherwise payable for the account of a Defaulting Lender with respect to any Bankers’ Acceptance as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the L/C Issuer pursuant to this Section 2.03 shall be payable, to the maximum extent permitted by applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Applicable Percentages allocable to such Bankers’ Acceptance pursuant to Section 2.15(a)(iv), with the balance of such fee, if any, payable to the L/C Issuer for its own account. If there is any change in the Bankers’ Acceptance Rate or the Applicable Rate for Bankers’ Acceptances during any quarter, the maximum stated amount of all outstanding Bankers’ Acceptances shall be computed and multiplied by the Bankers’ Acceptance Rate or Applicable Rate, as applicable, separately for each period during such quarter that such Bankers’ Acceptance Rate or Applicable Rate, as applicable, was in effect. Notwithstanding anything to the contrary contained herein, upon the request of the Required Revolving Credit Lenders, while any Event of Default exists, all BA Fees shall accrue at the Default Rate.

BA Fees. The Borrower Borrowers shall pay to the Administrative Agent for the account (on behalf of each Revolving Credit Applicable Lender in accordance with its the case of BA Advances under the Syndicate Tranche) or to the Operating Lender (in the case of BA Advances under the Working Capital Tranche) BA Fees in Canadian Dollars forthwith upon the acceptance by each BA Lender of each Bankers’ Acceptance, or a Non BA Lender making a BA Equivalent Loan, issued by the applicable Borrower at a rate per three hundred sixty-five (365) day period equal to the Applicable Revolving Credit Percentage a Margin, calculated on the Face Amount of each such Bankers’ Acceptance fee or BA Equivalent Loan and on the basis of the number of days in the term of such Bankers’ Acceptance or BA Equivalent Loan divided by three hundred sixty-five (365). All fees payable pursuant to this Section 5.4 on any date in respect of any issuance of Bankers’ Acceptances or BA Equivalent Loans shall be calculated by the Agent or the Operating Lender and be payable by the applicable Borrower based on the Applicable Margin in effect on such date; provided that if during the term of any such Bankers’ Acceptance or BA Equivalent Loan a change in the Applicable Margin occurs, the fees paid by the applicable Borrower in respect of such Bankers’ Acceptance or BA Equivalent Loan shall be adjusted, effective at the time determined pursuant to the definition of “BA FeeApplicable Margin”) equal , to reflect the Applicable Margin for the remaining term of the Bankers’ Acceptance Rate plus or BA Equivalent Loan, and the applicable Borrower, in the case of an increase in the Applicable Rate times the maximum stated amount of all then outstanding Bankers’ Acceptances. BA Fees Margin, shall be (i) due and payable on the first Business Day forthwith after the end of each March, June, September and December, commencing with the first such date to occur after the issuance of such Bankers’ Acceptance, on the Maturity Date and thereafter on demand and (ii) computed on a quarterly basis in arrears; provided, however, any BA Fees otherwise payable for the account receipt of a Defaulting notice from the Agent or the Operating Lender with respect make such payments as are necessary to reflect such change, and the BA Lenders or Non BA Lenders, as the case may be, in the case of a decrease in the Applicable Margin, shall credit any Bankers’ Acceptance as to amount which such Defaulting Lender has not provided Cash Collateral satisfactory would otherwise be refundable to the L/C Issuer pursuant to this Section 2.03 shall be payable, applicable Borrower against amounts in respect of interest or fees accruing hereunder in relation to the maximum extent permitted by applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Applicable Percentages allocable to such Bankers’ Acceptance pursuant to Section 2.15(a)(iv), with the balance of such fee, if any, payable to the L/C Issuer for its own account. If there is any change in the Bankers’ Acceptance Rate or the Applicable Rate for Bankers’ Acceptances during any quarter, the maximum stated amount of all outstanding Bankers’ Acceptances shall be computed and multiplied by the Bankers’ Acceptance Rate or Applicable Rate, as applicable, separately for each period during such quarter that such Bankers’ Acceptance Rate or Applicable Rate, as applicable, was in effect. Notwithstanding anything to the contrary contained herein, upon the request of the Required Revolving Credit Lenders, while any Event of Default exists, all BA Fees shall accrue at the Default RateBorrower.

BA Fees. The Borrower shall pay to the Administrative Agent for the account of each Revolving Credit Lender in accordance with its Applicable Revolving Credit Percentage a Bankers’ Acceptance fee (the “BA Fee”) equal to the Bankers’ Acceptance Rate plus the Applicable Rate times the maximum stated amount of all then outstanding Bankers’ Acceptances. BA Fees shall be (i) due and payable on the first Business Day after the end of each March, June, September and December, commencing with the first such date to occur after the issuance of such Bankers’ Acceptance, on the Maturity Date and thereafter on demand and (ii) computed on a quarterly basis in arrears; provided, however, any BA Fees otherwise payable for the account of a Defaulting Lender with respect to any Bankers’ Acceptance as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the L/C Issuer pursuant to this Section 2.03 shall be payable, to the maximum extent permitted by applicable Applicable Law, to the other Revolving Lenders in accordance with the upward adjustments in their respective Applicable Percentages allocable to such Bankers’ Acceptance pursuant to Section 2.15(a)(iv), with the balance of such fee, if any, payable to the L/C Issuer for its own account. If there is any change in the Bankers’ Acceptance Rate or the Applicable Rate for Bankers’ Acceptances during any quarter, the maximum stated amount of all outstanding Bankers’ Acceptances shall be computed and multiplied by the Bankers’ Acceptance Rate or Applicable Rate, as applicable, separately for each period during such quarter that such Bankers’ Acceptance Rate or Applicable Rate, as applicable, was in effect. Notwithstanding anything to the contrary contained herein, upon the request of the Required Revolving Credit Lenders, while any Event of Default exists, all BA Fees shall accrue at the Default Rate.. (k) Fronting Fee and Documentary and Processing Charges Payable to L/C Issuer. The Borrower shall pay directly to the L/C Issuer for its own account, in Dollars, a fronting fee (i) with respect to each commercial Letter of Credit and each Bankers’ Acceptance, at the rate specified in the Bank of America Fee Letter, computed on the Dollar Equivalent of the amount of such Letter of Credit or Bankers’ Acceptance, as the case may be, and payable upon the issuance thereof, (ii) with respect to any amendment of a commercial Letter of Credit increasing the amount of such Letter of Credit, at a rate separately agreed between the Borrower and the L/C Issuer, computed on the Dollar Equivalent of the amount of such increase, and payable upon the effectiveness of such amendment, and (iii) with respect to each standby Letter of Credit, at the rate per annum specified in the Bank of America Fee Letter, computed on the Dollar Equivalent of the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit or Bankers’ Acceptance, as applicable, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.09. In addition, the Borrower shall pay directly to the L/C Issuer for its own account, in Dollars, the customary issuance,

BA Fees. The Borrower Borrowers shall pay to the Administrative Agent for the account on behalf of each Revolving Credit Applicable Lender, Bankers' Acceptance Stamping Fees in Canadian Dollars forthwith upon the acceptance by each BA Lender in accordance with its Applicable Revolving Credit Percentage of each Bankers' Acceptance, or by each Non BA Lender of each BA Equivalent Loan, issued by the applicable Borrower at a Bankers’ Acceptance fee (the “BA Fee”) rate per 365 day period equal to the Bankers’ Acceptance Rate plus the Applicable Rate times the maximum stated amount of all then outstanding Bankers’ Acceptances. BA Fees shall be (i) due and payable Margin, calculated on the first Business Day after the end Face Amount of each March, June, September such Bankers' Acceptance or BA Equivalent Loan and December, commencing with on the first such date to occur after basis of the issuance number of days in the term of such Bankers’ Acceptance, on the Maturity Date and thereafter on demand and (ii) computed on a quarterly basis in arrears; provided, however, any ' Acceptance or BA Fees otherwise Equivalent Loan divided by 365. All fees payable for the account of a Defaulting Lender with respect to any Bankers’ Acceptance as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the L/C Issuer pursuant to this Section 2.03 4.3 on any date in respect of any issuance of Bankers' Acceptances or BA Equivalent Loans shall be payable, to calculated by the maximum extent permitted Agent and be payable by applicable Law, to the other Lenders Borrowers based on the Applicable Margin in accordance with effect on such date; provided that if during the upward adjustments in their respective Applicable Percentages allocable to term of any such Bankers’ ' Acceptance pursuant to Section 2.15(a)(iv), with the balance of such fee, if any, payable to the L/C Issuer for its own account. If there is any or BA Equivalent Loan a change in the Applicable Margin occurs, the fees paid by the Borrowers in respect of such Bankers’ ' Acceptance Rate or BA Equivalent Loan shall be adjusted, effective at the beginning of the Fiscal Quarter next following the Fiscal Quarter in which the change in the Applicable Rate Margin occurs pursuant to the definition of "Applicable Margin", to reflect the Applicable Margin for Bankers’ Acceptances during any quarter, the maximum stated amount remaining term of all outstanding Bankers’ Acceptances shall be computed and multiplied by the Bankers’ ' Acceptance Rate or BA Equivalent Loan, and the Borrowers, in the case of an increase in the Applicable RateMargin, shall forthwith after receipt of a notice from the Agent make such payments as are necessary to reflect such change, and the BA Lenders or Non BA Lenders, as applicablethe case may be, separately for each period during such quarter that such Bankers’ Acceptance Rate or in the case of a decrease in the Applicable RateMargin, as applicable, was in effect. Notwithstanding anything shall credit any amount which would otherwise be refundable to the contrary contained herein, upon Borrowers against amounts in respect of interest or fees accruing hereunder in relation to the request of the Required Revolving Credit Lenders, while any Event of Default exists, all BA Fees shall accrue at the Default RateBorrowers.

BA Fees. The Borrower shall pay to the Administrative Agent for the account of each Revolving Credit Lender in accordance with its Applicable Revolving Credit Percentage a Bankers’ ' Acceptance fee (the “"BA Fee”") equal to the Bankers’ ' Acceptance Rate plus the Applicable Rate times the maximum stated amount of all then outstanding Bankers’ ' Acceptances. BA Fees shall be (i) due and payable on the first Business Day after the end of each March, June, September and December, commencing with the first such date to occur after the issuance of such Bankers’ ' Acceptance, on the Maturity Date and thereafter on demand and (ii) computed on a quarterly basis in arrears; provided, however, any BA Fees otherwise payable for the account of a Defaulting Lender with respect to any Bankers’ ' Acceptance as to which such Defaulting Lender has not provided Cash Collateral satisfactory to the L/C Issuer pursuant to this Section 2.03 shall be payable, to the maximum extent permitted by applicable Law, to the other Lenders in accordance with the upward adjustments in their respective Applicable Percentages allocable to such Bankers’ ' Acceptance pursuant to Section 2.15(a)(iv), with the balance of such fee, if any, payable to the L/C Issuer for its own account. If there is any change in the Bankers’ ' Acceptance Rate or the Applicable Rate for Bankers’ ' Acceptances during any quarter, the maximum stated amount of all outstanding Bankers’ ' Acceptances shall be computed and multiplied by the Bankers’ ' Acceptance Rate or Applicable Rate, as applicable, separately for each period during such quarter that such Bankers’ ' Acceptance Rate or Applicable Rate, as applicable, was in effect. Notwithstanding anything to the contrary contained herein, upon the request of the Required Revolving Credit Lenders, while any Event of Default exists, all BA Fees shall accrue at the Default Rate.