Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 7 contracts
Samples: Credit Agreement (Adeia Inc.), Credit Agreement (Xperi Holding Corp), Credit Agreement (Xperi Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Samples: Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Samples: Credit Agreement (Kellogg Co), Credit Agreement (WK Kellogg Co), Credit Agreement (WestRock Co)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to under Section 2.09(a2.08(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Samples: Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to under Section 2.09(a2.13(a) or any amendment fees, waiver fees, or similar fees for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Samples: Credit Agreement (Limbach Holdings, Inc.), Credit Agreement (Limbach Holdings, Inc.), Credit Agreement (Limbach Holdings, Inc.)
Certain Fees. (x) No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee payable pursuant to Section 2.09(a2.11(a) for any period during which that such Lender is a Defaulting Lender (and the no Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender) and (y) each Defaulting Lender shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.11(b).
Appears in 6 contracts
Samples: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to under Section 2.09(a2.12(a) or any amendment fees, waiver fees, or similar fees for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 6 contracts
Samples: Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek Logistics Partners, LP)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 5 contracts
Samples: Revolving Credit Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.)
Certain Fees. No Such Defaulting Lender shall not be entitled to receive or accrue Letter of Credit fees or any commitment fee pursuant to Section 2.09(a2.8(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 5 contracts
Samples: Lien Credit Agreement (Powerschool Holdings, Inc.), Credit Agreement (Powerschool Holdings, Inc.), Credit Agreement (Emerald Holding, Inc.)
Certain Fees. (1) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.9(a)(i) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to fees in accordance with Section 2.09(a2.11(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Credit and Guaranty Agreement (NRC Group Holdings Corp.)
Certain Fees. (x) No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee payable pursuant to Section 2.09(a2.11(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender) and (y) each Defaulting Lender shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.11(b).
Appears in 5 contracts
Samples: Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 5 contracts
Samples: Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.)
Certain Fees. No That Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) 2.09 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).;
Appears in 5 contracts
Samples: Credit Agreement (Solo Brands, Inc.), Credit Agreement (Solo Brands, Inc.), Security Agreement (Casa Systems Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to under Section 2.09(a2.12(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 5 contracts
Samples: Credit Agreement (Minerals Technologies Inc), Credit Agreement (Diplomat Pharmacy, Inc.), Credit Agreement (Minerals Technologies Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.05(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Ohio Power Co), Credit Agreement (Ohio Power Co), Credit Agreement (Ohio Power Co)
Certain Fees. No The Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.10(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Sherwin Williams Co), Credit Agreement (Sherwin Williams Co), Credit Agreement (Sherwin Williams Co)
Certain Fees. No (A) Notwithstanding anything in Section 2.04(a) to the contrary, no Defaulting Lender shall be entitled to receive any commitment fee pursuant to Unused Commitment Fee payable under Section 2.09(a2.04(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Guarantee Agreement (Rayonier, L.P.), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.9(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 4 contracts
Samples: Credit Agreement (Adtalem Global Education Inc.), Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Devry Education Group Inc.)
Certain Fees. (x) No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee payable pursuant to Section 2.09(a2.11(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender) and (y) each Defaulting Lender shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.11(b).
Appears in 3 contracts
Samples: Abl Credit Agreement (MKS Instruments Inc), Assignment and Assumption (MKS Instruments Inc), Security Agreement (MKS Instruments Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee fees pursuant to Section 2.09(a2.12(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Service Corp International), Credit Agreement (Service Corp International), Credit Agreement (Service Corp International)
Certain Fees. No Such Defaulting Lender shall not be entitled to receive or accrue Letter of Credit fees, any commitment fee pursuant to Section 2.09(a2.8(a) or any default interest pursuant to Section 2.14(c) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee or interest that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (CLARIVATE PLC), Credit Agreement (Clarivate Analytics PLC), Credit Agreement (Clarivate Analytics PLC)
Certain Fees. No That Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Tortoise Energy Infrastructure Corp), Assignment and Assumption (Tortoise MLP Fund, Inc.), Credit Agreement (Sunpower Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to fees payable under Section 2.09(a2.13(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp)
Certain Fees. No Each Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.08(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Tetra Technologies Inc), Credit Agreement (Tetra Technologies Inc), Credit Agreement (Tetra Technologies Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive or accrue any commitment fee pursuant to Section 2.09(a2.12(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Victory Capital Holdings, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)
Certain Fees. No That Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.9(a) hereof for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit and Security Agreement (AvidXchange Holdings, Inc.), Second Amendment Agreement (Universal Logistics Holdings, Inc.), Credit and Security Agreement (AvidXchange Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.10(b) for any period during which that Revolving Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (DT Midstream, Inc.), Credit Agreement (DT Midstream, Inc.), Credit Agreement (DT Midstream, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a) or (d) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (LendingTree, Inc.), Credit Agreement (Roku, Inc), Credit Agreement (Shutterfly Inc)
Certain Fees. No A Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) 2.09 for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Restoration Hardware Holdings Inc), Credit Agreement (Restoration Hardware Holdings Inc), Credit Agreement (Restoration Hardware Holdings Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee fees pursuant to Section 2.09(a2.8(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (TTEC Holdings, Inc.), Credit Agreement (TTEC Holdings, Inc.), Security Agreement (Teletech Holdings Inc)
Certain Fees. No Such Defaulting Lender shall not be entitled to receive or accrue Letter of Credit fees, any commitment fee pursuant to Section 2.09(a2.8(a) or any default interest pursuant to Section 2.14(d) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee or interest that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (Clarivate PLC), Credit Agreement (CLARIVATE PLC), Credit Agreement (CLARIVATE PLC)
Certain Fees. (1) No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 3 contracts
Samples: Credit Agreement (National Health Investors Inc), Credit Agreement (National Health Investors Inc), Credit Agreement (National Health Investors Inc)
Certain Fees. No The Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 3 contracts
Samples: 364 Day Bridge Credit Agreement (Sherwin Williams Co), Term Loan Credit Agreement (Sherwin Williams Co), Credit Agreement (Sherwin Williams Co)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee fees pursuant to Section 2.09(a2.12(a) or (b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Service Corporation International), Credit Agreement (Service Corporation International)
Certain Fees. (1) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Medidata Solutions, Inc.), Credit Agreement (AMERICAN EAGLE ENERGY Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.9(a)(ii) for any period during which that such Lender is a Defaulting Lender (and the Borrower Xxxxxxxx shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Crawford & Co), Credit Agreement (Crawford & Co)
Certain Fees. No That Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) 2.11 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Cme Group Inc.), Credit Agreement (Cme Group Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment unused Commitment fee pursuant to Section 2.09(a2.04(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).;
Appears in 2 contracts
Samples: Credit Agreement (Earthstone Energy Inc), Credit Agreement (Earthstone Energy Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable pursuant to Section 2.09(a2.9(a)(iii) or 2.9(a)(iv) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Intercontinental Exchange, Inc.), Credit Agreement (Intercontinental Exchange, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Credit Agreement (Waste Connections, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee pursuant to payable under Section 2.09(a2.07(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such commitment fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Day Revolving Credit Agreement (Amazon Com Inc), Day Revolving Credit Agreement (Amazon Com Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.5(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (KKR Real Estate Finance Trust Inc.), Credit Agreement (Benefit Street Partners Realty Trust, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.10(a)(i) for any period during which that such Revolving Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (CVR Energy Inc), Credit and Guaranty Agreement (CVR Partners, Lp)
Certain Fees. No That Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Assignment and Assumption (Magellan Midstream Partners Lp), Assignment and Assumption (Magellan Midstream Partners Lp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.7(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Warren Resources Inc), Credit Agreement (Warren Resources Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.10(a)(i) for any period during which that such Revolving Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Chrysler Group LLC), Credit Agreement (Chrysler Group LLC)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.03(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Ohio Power Co), Term Credit Agreement (Southwestern Electric Power Co)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)
Certain Fees. (A) No Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Vectren Utility Holdings Inc), Credit Agreement (Vectren Utility Holdings Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment Commitment Fee payable under Section 2.06 or any upfront fee pursuant to Section 2.09(a) set forth in the Fee Letter for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such Commitment Fee or upfront fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (Harrow Health, Inc.), Credit Agreement and Guaranty (Harrow Health, Inc.)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Bridge Credit Agreement (Tetra Tech Inc), Bridge Credit Agreement
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.11(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).;
Appears in 2 contracts
Samples: Credit Agreement (Camping World Holdings, Inc.), Credit Agreement (Camping World Holdings, Inc.)
Certain Fees. (x) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to fees payable under Section 2.09(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender) and (y) each Defaulting Lender shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.03(h).
Appears in 2 contracts
Samples: Credit Agreement (Willis Group Holdings PLC), Credit Agreement (Willis Group Holdings PLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)
Certain Fees. No That Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.12(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay to the Administrative Agent for the account of the Defaulting Lender or the Defaulting Lender any such fee fee, and no such fees shall accrue for the account of the Defaulting Lender, that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Plains Gp Holdings Lp)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Maxlinear, Inc), Credit Agreement (Maxlinear Inc)
Certain Fees. No Defaulting Lender shall be entitled to receive or accrue any commitment fee pursuant to Section 2.09(a2.12(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Term Loan Credit Agreement (NorthStar Asset Management Group Inc.), Credit Agreement (NorthStar Asset Management Group Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to under Section 2.09(a2.08(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Samson Oil & Gas LTD), Credit Agreement (Samson Oil & Gas LTD)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee pursuant to payable under Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Inc.)
Certain Fees. No That Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.08(a) for any period during which that Lender is a Defaulting Lender (and the no Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Linde PLC), Credit Agreement (Linde PLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Meredith Corp), Credit Agreement (Meredith Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Commitment Fee payable under Section 2.09(a2.05(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Invesco Ltd.), Credit Agreement (Invesco Ltd.)
Certain Fees. No Such Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender). Such Defaulting Lender’s right to receive Letter of Credit Fees shall be limited as provided in Section 2.03(h).
Appears in 2 contracts
Samples: Credit Agreement (Prometheus Laboratories Inc), Credit Agreement (Prometheus Laboratories Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee fees on the unfunded portion of such Defaulting Lender’s Commitment pursuant to Section 2.09(a) 2.11 for any period during which that such Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee fees that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Stonemor Partners Lp), Credit Agreement (Stonemor Partners Lp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Carmax Inc), Credit Agreement (Carmax Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Tetra Tech Inc), Credit Agreement (Tetra Tech Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Commitment Fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee Commitment Fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Safety, Income & Growth, Inc.), Credit Agreement (Safety, Income & Growth, Inc.)
Certain Fees. No That Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.08(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 2 contracts
Samples: Credit Agreement (Tortoise Pipeline & Energy Fund, Inc.), Credit Agreement (Tortoise Pipeline & Energy Fund, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to or facility fee payable under Section 2.09(a) or Section 2.09(b)(iii) or (iv) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).. --105-
Appears in 1 contract
Samples: Credit Agreement (Babcock & Wilcox Enterprises, Inc.)
Certain Fees. No (A)No Defaulting Lender shall be entitled to receive any commitment fee fees pursuant to Section 2.09(a2.8(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.9(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Samples: Credit Agreement (Wayne Farms, Inc.)
Certain Fees. a. No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment Commitment Fee payable under Section 2.06 or any upfront fee pursuant to Section 2.09(a) set forth in the Fee Letter for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such Commitment Fee or upfront fee that otherwise would have been required to have been paid to that Defaulting Lender)..
Appears in 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any the commitment fee pursuant to fees described in Section 2.09(a2.10(b)(i) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. (a) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a2.05(a) or any L/C Participation Fee pursuant to Section 2.05(c) for any period during which that such Lender is a Defaulting Lender (and and, except as otherwise provided in Section 2.05(a), the Applicable Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 1 contract
Certain Fees. No The Defaulting Lender shall not be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 1 contract
Certain Fees. No Such Defaulting Lender shall will not be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a) 2.2 for any period during which that Lender is a Defaulting Lender (and the Borrower shall will not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. No That Defaulting Lender shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) 2.09 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Samples: Syndicated Facility Agreement (A.K.A. Brands Holding Corp.)
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.03(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).. (iv)
Appears in 1 contract
Samples: Credit Agreement (Ohio Power Co)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any the commitment fee pursuant to fees described in Section 2.09(a2.10(b) and Section 2.10(c)(i) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Samples: Credit and Term Loan Agreement (Penn National Gaming Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.9(a) hereof for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to payable under Section 2.09(a2.08(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Samples: Credit Agreement (Encore Wire Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.13(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).;
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section Section 2.09(a) or (d) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Samples: Credit Agreement (LendingTree, Inc.)
Certain Fees. (x) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to fees payable under Section 2.09(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender) and (y) each Defaulting Lender shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.03(i).
Appears in 1 contract
Samples: Assignment and Assumption (Willis Towers Watson PLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable pursuant to Section 2.09(a2.10(a)(ii) or 2.10(a)(iii) for any period during which that Lender is a Defaulting Lender (and the Parent Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Samples: Credit Agreement (IntercontinentalExchange Group, Inc.)
Certain Fees. No The Defaulting Lender shall not be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).. (iv)
Appears in 1 contract
Certain Fees. No (A)No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.13(a) for any period during which that such Lender is a Defaulting Lender (and the Borrower Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).;
Appears in 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment Commitment fee pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Samples: Credit Agreement (Ferrellgas Partners Finance Corp)
Certain Fees. (G) No Defaulting Lender shall be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a2.11(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable pursuant to Section 2.09(a2.10(b) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to Section 2.09(a2.12(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
Appears in 1 contract
Samples: Credit Agreement (Fei Co)
Certain Fees. (F) No Defaulting Lender shall be entitled to receive any commitment fee pursuant to payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting LenderLender except as set forth in clause (H) below).
Appears in 1 contract
Certain Fees. No Defaulting Lender shall be entitled to receive any commitment unused Commitment fee pursuant to Section 2.09(a2.04(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee fees that otherwise would have been required to have been paid to that Defaulting Lender).;
Appears in 1 contract
