Common use of Canadian LC Facility Fees Clause in Contracts

Canadian LC Facility Fees. The Canadian Borrower shall pay (a) to the Agent, for the Pro Rata benefit of the Canadian Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Canadian BA Rate Loans times the Dollar Equivalent of the average daily stated amount of Canadian Letters of Credit, which fee shall be payable monthly in arrears, on the first (1st) day of each month; (b) to Canadian Issuing Bank, for its own account, a fronting fee equal to 0.125% per annum on the Dollar Equivalent of the stated amount of each Canadian Letter of Credit issued by Canadian Issuing Bank, which fee shall be payable monthly in arrears, on the first (1st) day of each month; and (c) to Canadian Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Canadian Letters of Credit, which charges shall be paid as and when incurred; provided that, for the avoidance of doubt, all amounts payable pursuant to this clause (c) with respect to the Existing Letters of Credit shall be determined in accordance with the applicable documentation thereto. Notwithstanding the foregoing, any fees under this Section 3.2.3 otherwise payable for the account of a Defaulting Lender with respect to any Canadian Letter of Credit as to which such Defaulting Lender has not provided Cash Collateralization satisfactory to the Canadian Issuing Bank pursuant to Section 2.3.1 and/or Section 4.2.6 shall be payable, to the maximum extent permitted by Applicable Law, to the other Canadian Lenders in accordance with the upward adjustments allocable to such Canadian Letter of Credit pursuant to Section 4.2.4, with the balance of such fee, if any, payable to Canadian Issuing Bank for its own account. During an Event of Default if the Required Lenders so elect (pursuant to Section 3.1.1(c)), the fee payable under clause (a) shall be increased by two percent (2%) per annum. 82

Canadian LC Facility Fees. The Canadian Borrower shall pay (a) to the Agent, for the Pro Rata benefit of the Canadian Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Canadian BA Rate Loans times the Dollar Equivalent of the average daily stated amount of Canadian Letters of Credit, which fee shall be payable monthly in arrears, on the first (1st) day of each month; (b) to Canadian Issuing Bank, for its own account, a fronting fee equal to 0.125.125% per annum on the Dollar Equivalent of the stated amount of each Canadian Letter of Credit issued by Canadian Issuing Bank, which fee shall be payable monthly in arrears, on the first (1st) day of each month; and (c) to Canadian Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Canadian Letters of Credit, which charges shall be paid as and when incurred; provided that, for the avoidance of doubt, all amounts payable pursuant to this clause (c) with respect to the Existing Letters of Credit shall be determined in accordance with the applicable documentation thereto. Notwithstanding the foregoing, any fees under this Section 3.2.3 otherwise payable for the account of a Defaulting Lender with respect to any Canadian Letter of Credit as to which such Defaulting Lender has not provided Cash Collateralization satisfactory to the Canadian Issuing Bank pursuant to Section 2.3.1 and/or Section 4.2.6 shall be payable, to the maximum extent permitted by Applicable Law, to the other Canadian Lenders in accordance with the upward adjustments allocable to such Canadian Letter of Credit pursuant to Section 4.2.4, with the balance of such fee, if any, payable to Canadian Issuing Bank for its own account. During an Event of Default if the Required Lenders so elect (pursuant to Section 3.1.1(c)), the fee payable under clause (a) shall be increased by two percent (2%) per annum. 82.

Canadian LC Facility Fees. The Canadian Borrower shall pay (a) to the Agent, for the Pro Rata benefit of the Canadian Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Canadian BA Rate Term XXXXX Loans times the Dollar Equivalent of the average daily stated amount of Canadian Letters of Credit, which fee shall be payable monthly in arrears, on the first (1st) day of each month; (b) to Canadian Issuing Bank, for its own account, a fronting fee equal to 0.125% per annum on the Dollar Equivalent of the stated amount of each Canadian Letter of Credit issued by Canadian Issuing Bank, which fee shall be payable monthly in arrears, on the first (1st) day of each month; and (c) to Canadian Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Canadian Letters of Credit, which charges shall be paid as and when incurred; provided that, for the avoidance of doubt, all amounts payable pursuant to this clause (c) with respect to the Existing Letters of Credit shall be determined in accordance with the applicable documentation thereto. Notwithstanding the foregoing, any fees under this Section 3.2.3 otherwise payable for the account of a Defaulting Lender with respect to any Canadian Letter of Credit as to which such Defaulting Lender has not provided Cash Collateralization satisfactory to the Canadian Issuing Bank pursuant to Section 2.3.1 and/or Section 4.2.6 shall be payable, to the maximum extent permitted by Applicable Law, to the other Canadian Lenders in accordance with the upward adjustments allocable to such Canadian Letter of Credit pursuant to Section 4.2.4, with the balance of such fee, if any, payable to Canadian Issuing Bank for its own account. During an Event of Default if the Required Lenders so elect (pursuant to Section 3.1.1(c)), the fee payable under clause (a) shall be increased by two percent (2%) per annum. 82.

Canadian LC Facility Fees. The Canadian Borrower shall pay (a) to the Agent, for the Pro Rata benefit of the Canadian Lenders, a fee equal to the per annum rate of the Applicable Margin in effect for Canadian BA Rate Loans times the Dollar Equivalent of the average daily stated amount of Canadian Letters of Credit, which fee shall be payable monthly in arrears, on the first (1st) day of each month; (b) to Canadian Issuing Bank, for its own account, a fronting fee equal to 0.125% per annum on the Dollar Equivalent of the stated amount of each Canadian Letter of Credit issued by Canadian Issuing Bank, which fee shall be payable monthly in arrears, on the first (1st) day of each month; and (c) to Canadian Issuing Bank, for its own account, all customary charges associated with the issuance, amending, negotiating, payment, processing, transfer and administration of Canadian Letters of Credit, which charges shall be paid as and when incurred; provided that, for the avoidance of doubt, all amounts payable pursuant to this clause (c) with respect to the Existing Letters of Credit shall be determined in accordance with the applicable documentation thereto. Notwithstanding the foregoing, any fees under this Section 3.2.3 otherwise payable for the account of a Defaulting Lender with respect to any Canadian Letter of Credit as to which such Defaulting Lender has not provided Cash Collateralization satisfactory to the Canadian Issuing Bank pursuant to Section 2.3.1 and/or Section 4.2.6 shall be payable, to the maximum extent permitted by Applicable Law, to the other Canadian Lenders in accordance with the upward adjustments allocable to such Canadian Letter of Credit pursuant to Section 4.2.4, with the balance of such fee, if any, payable to Canadian Issuing Bank for its own account. During an Event of Default if the Required Lenders so elect (pursuant to Section 3.1.1(c)), the fee payable under clause (a) shall be increased by two percent (2%) per annum. 82.