Certain Fees. That Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).
Appears in 65 contracts
Sources: Term Loan Amendment (Sabre Corp), Tenth Term Loan B Refinancing Amendment (Sabre Corp), Credit Agreement (Medline Inc.)
Certain Fees. That Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 64 contracts
Sources: Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Targa Resources Corp.), Credit Agreement (Church & Dwight Co Inc /De/)
Certain Fees. That Defaulting Lender (x) shall not 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.12(b).
Appears in 54 contracts
Sources: Credit Agreement (Simply Good Foods Co), First Lien Credit Agreement (First Advantage Corp), Credit Agreement (EverCommerce Inc.)
Certain Fees. That Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.03(i).
Appears in 21 contracts
Sources: Credit Agreement (Standex International Corp/De/), Credit Agreement (Colfax CORP), Credit Agreement (SWIFT TRANSPORTATION Co)
Certain Fees. That Defaulting Lender (x) shall not 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.12(b).
Appears in 20 contracts
Sources: Credit Agreement (Blue Bird Corp), First Lien Amending Agreement (CPI Card Group Inc.), Credit Agreement (SMART Global Holdings, Inc.)
Certain Fees. That Defaulting Lender (x) 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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 20 contracts
Sources: Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc)
Certain Fees. That Defaulting Lender (xi) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.09(1) 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) and (yii) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.03(9).
Appears in 18 contracts
Sources: Credit Agreement (Xponential Fitness, Inc.), Super Priority Credit Agreement (WideOpenWest, Inc.), Super Priority Credit Agreement (WideOpenWest, Inc.)
Certain Fees. That The Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 18 contracts
Sources: Credit Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, Inc.)
Certain Fees. That Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 18 contracts
Sources: Credit Agreement (Fairpoint Communications Inc), Credit Agreement (Tesoro Logistics Lp), Credit Agreement (Tesoro Corp /New/)
Certain Fees. That Defaulting Lender (x) 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 any such fee that otherwise would have been required to have been paid to that Defaulting LenderLender for such period) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.12(b).
Appears in 17 contracts
Sources: Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.), Credit Agreement (BJ's Wholesale Club Holdings, Inc.)
Certain Fees. That Defaulting Lender (xA) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) Commitment Fee 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) and (yB) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.03(i).
Appears in 16 contracts
Sources: Credit Agreement (Tennessee Valley Authority), Credit Agreement (Tennessee Valley Authority), February Maturity Community Bank Credit Agreement (Tennessee Valley Authority)
Certain Fees. That Defaulting Lender (x) 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 Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).
Appears in 14 contracts
Sources: Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Grand Vacations Inc.)
Certain Fees. That Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).
Appears in 14 contracts
Sources: Term Loan Exchange Agreement (iHeartMedia, Inc.), Credit Agreement (iHeartMedia, Inc.), Credit Agreement (Standex International Corp/De/)
Certain Fees. That Defaulting Lender (x) 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 Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 12 contracts
Sources: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)
Certain Fees. That The Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 11 contracts
Sources: Credit Agreement (Corpay, Inc.), Credit Agreement (Corpay, Inc.), Credit Agreement (Fleetcor Technologies Inc)
Certain Fees. That The Defaulting Lender (x) shall not be entitled to receive any commitment fee 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) ), and (y) shall be limited in its right to receive Letter of Credit fees L/C Participation Fees as provided in Section 2.03(h2.12(b).
Appears in 11 contracts
Sources: First Lien Credit Agreement and Security Agreement (Exela Technologies, Inc.), First Lien Credit Agreement, First Lien Credit Agreement (Exela Technologies, Inc.)
Certain Fees. That Defaulting Lender (xA) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) or 2.09(b) for any period during which that Lender is a Defaulting Lender (and the applicable Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (yB) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).
Appears in 11 contracts
Sources: Additional Facility Joinder Agreement (Liberty Latin America Ltd.), Amendment Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)
Certain Fees. That Defaulting Lender (x) 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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.03(i).
Appears in 11 contracts
Sources: Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.)
Certain Fees. That Defaulting Lender (x) 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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).
Appears in 11 contracts
Sources: Credit Agreement (Bumble Inc.), Credit Agreement (CONDUENT Inc), Credit Agreement (Bumble Inc.)
Certain Fees. That Defaulting Lender (xA) shall not 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) and (yB) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 11 contracts
Sources: Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.4(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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.4(b)(ii).
Appears in 10 contracts
Sources: Third Amended and Restated Multicurrency Revolving Credit Agreement (American Tower Corp /Ma/), Revolving Credit Agreement (American Tower Corp /Ma/), Multicurrency Revolving Credit Agreement (American Tower Corp /Ma/)
Certain Fees. That Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.03(c).
Appears in 10 contracts
Sources: Credit Agreement (Phibro Animal Health Corp), Credit Agreement (CEB Inc.), Credit Agreement (CEB Inc.)
Certain Fees. That Defaulting Lender (x) 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 applicable Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 9 contracts
Sources: Incremental Joinder Agreement (SS&C Technologies Holdings Inc), Incremental Joinder (SS&C Technologies Holdings Inc), Incremental Joinder & First Amendment to Credit Agreement (SS&C Technologies Holdings Inc)
Certain Fees. That A Defaulting Lender (x) shall not be entitled to receive any a commitment fee pursuant to Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Holdings shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 9 contracts
Sources: Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp)
Certain Fees. That A Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 9 contracts
Sources: Credit Agreement (NOODLES & Co), Credit Agreement (NOODLES & Co), Credit Agreement (NOODLES & Co)
Certain Fees. That Defaulting Lender (xi) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.09(1) 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) and (yii) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.03(8).
Appears in 9 contracts
Sources: Credit Agreement (LifeStance Health Group, Inc.), Credit Agreement (LifeStance Health Group, Inc.), Credit Agreement (LifeStance Health Group, Inc.)
Certain Fees. That Defaulting Lender (x) 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 Borrowers shall (x) not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.03(i) and BA Fees as provided in Section 2.03(j).
Appears in 8 contracts
Sources: Credit Agreement (World Kinect Corp), Credit Agreement (World Fuel Services Corp), Credit Agreement (World Fuel Services Corp)
Certain Fees. That Defaulting Lender (x) shall not 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.12(f).. (iv)
Appears in 8 contracts
Sources: Credit Agreement (GoHealth, Inc.), Credit Agreement (GoHealth, Inc.), Credit Agreement (GoHealth, Inc.)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).
Appears in 8 contracts
Sources: Credit Agreement (Avantor, Inc.), Credit Agreement (Avantor, Inc.), Credit Agreement (Avantor, Inc.)
Certain Fees. That Defaulting Lender (x) 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 Lead Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).
Appears in 7 contracts
Sources: Credit Agreement (Trinseo PLC), Credit Agreement (Trinseo PLC), Credit Agreement (Trinseo S.A.)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.12(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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.12(c).
Appears in 7 contracts
Sources: Credit Agreement (Sunoco LP), Credit Agreement (Sunoco LP), Credit Agreement (NuStar Energy L.P.)
Certain Fees. That Defaulting Lender (xA) 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) and (yB) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 7 contracts
Sources: Credit Agreement (AdvanSix Inc.), Credit Agreement (Ross Stores, Inc.), Credit Agreement (AdvanSix Inc.)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a2.8(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) and (y) shall be limited in its right to receive Letter of Credit fees L/C Participation Fees as provided in Section 2.03(h2.8(a)(iii).
Appears in 7 contracts
Sources: Revolving Credit and Guaranty Agreement (Cit Group Inc), Revolving Credit and Guaranty Agreement (Cit Group Inc), Revolving Credit and Guaranty Agreement (Cit Group Inc)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.12(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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.04(i).
Appears in 7 contracts
Sources: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.)
Certain Fees. That Defaulting Lender (x) 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 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.03(i).
Appears in 7 contracts
Sources: Credit Agreement (Iqvia Holdings Inc.), Credit Agreement (Quintiles IMS Holdings, Inc.), Credit Agreement (Quintiles IMS Holdings, Inc.)
Certain Fees. That Defaulting Lender (x) shall not 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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.12(b).
Appears in 7 contracts
Sources: Credit Agreement (Endeavor Group Holdings, Inc.), Credit Agreement (Endeavor Group Holdings, Inc.), Revolving Credit Agreement (Endeavor Group Holdings, Inc.)
Certain Fees. That Defaulting Lender (x) shall not 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.12(b).. (iv)
Appears in 7 contracts
Sources: Credit Agreement (N-Able, Inc.), Credit Agreement (American Public Education Inc), Amendment No. 1 (Tenable Holdings, Inc.)
Certain Fees. That Such Defaulting Lender (xA) shall not be entitled to receive any commitment fee Commitment Fee pursuant to Section 2.09(a2.2(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 (yB) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h4.8).
Appears in 6 contracts
Sources: Credit Agreement (Nv Energy, Inc.), Credit Agreement (Nv Energy, Inc.), Credit Agreement (Nv Energy, Inc.)
Certain Fees. That A Defaulting Lender Lender: (x) shall not be entitled to receive any commitment fee Unused Fee pursuant to Section 2.09(a) 2.11 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) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h)2.11.
Appears in 6 contracts
Sources: Credit Agreement (SmartStop Self Storage REIT, Inc.), Credit Agreement (SmartStop Self Storage REIT, Inc.), Credit Agreement (SmartStop Self Storage REIT, Inc.)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section Section 2.03(h).
Appears in 6 contracts
Sources: Credit Agreement (Alight, Inc. / Delaware), Credit Agreement (Alight, Inc. / Delaware), Credit Agreement (Alight, Inc. / Delaware)
Certain Fees. That Defaulting Lender (xi) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.09(1) 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) and (yii) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.03(9).
Appears in 6 contracts
Sources: Credit Agreement (Life Time Group Holdings, Inc.), Credit Agreement (Life Time Group Holdings, Inc.), Credit Agreement (Life Time Group Holdings, Inc.)
Certain Fees. That Any Defaulting Lender (xA) shall not be entitled to receive any commitment fee pursuant to Commitment Fee under Section 2.09(a2.05(b) 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) and (yB) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.02(i).
Appears in 6 contracts
Sources: Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (Arc Document Solutions, Inc.)
Certain Fees. That Such Defaulting Lender (xi) shall not 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 such Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).
Appears in 6 contracts
Sources: Syndicated New and Used Vehicle Floorplan Credit Agreement (Sonic Automotive Inc), Syndicated New and Used Vehicle Floorplan Credit Agreement (Sonic Automotive Inc), Syndicated New and Used Vehicle Floorplan Credit Agreement (Sonic Automotive Inc)
Certain Fees. That Defaulting Lender (x) 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 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.03(i).
Appears in 6 contracts
Sources: Fifth Amended and Restated Credit Agreement (Iqvia Holdings Inc.), Fifth Amended and Restated Credit Agreement (Iqvia Holdings Inc.), Credit Agreement (Iqvia Holdings Inc.)
Certain Fees. That The Defaulting Lender (x) shall not be entitled to receive any commitment fee Facility 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 6 contracts
Sources: Revolving Credit Agreement (Darden Restaurants Inc), Revolving Credit Agreement (Darden Restaurants Inc), Credit Agreement (Darden Restaurants Inc)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any a 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 6 contracts
Sources: Credit Agreement (Yesway, Inc.), Credit Agreement (Healthequity, Inc.), Credit Agreement (Post Holdings, Inc.)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.17(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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 6 contracts
Sources: Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc)
Certain Fees. That Defaulting Lender (x) shall not 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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.12(a).
Appears in 6 contracts
Sources: First Lien Credit Agreement (New Whale Inc.), Credit Agreement (New Whale Inc.), Credit Agreement (Endeavor Group Holdings, Inc.)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) subsection 2.3A 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h)subsection 3.2.
Appears in 5 contracts
Sources: Loan Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/), Credit Agreement (Globe Specialty Metals Inc)
Certain Fees. That Defaulting Lender (x) shall not 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) for any period during which that Lender is a Defaulting Lender and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.04(h).
Appears in 5 contracts
Sources: Credit Agreement (Aar Corp), Credit Agreement (Aar Corp), Credit Agreement (Aar Corp)
Certain Fees. That Defaulting Lender (x) shall not 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.12(f).
Appears in 5 contracts
Sources: Credit Agreement (GoHealth, Inc.), Credit Agreement (GoHealth, Inc.), Incremental Facility Agreement (GoHealth, Inc.)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive or accrue 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.11(b).
Appears in 5 contracts
Sources: Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc)
Certain Fees. That The Defaulting Lender (xi) shall not be entitled to receive any commitment fee pursuant to Commitment Fee under 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 fees that otherwise would have been required to have been paid to that Defaulting Lender) and (yii) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.17(i).
Appears in 5 contracts
Sources: Credit Agreement (Oaktree Capital Group, LLC), Credit Agreement (Oaktree Capital Group, LLC), Credit Agreement (Oaktree Capital Group, LLC)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a4.1(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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h4.1(b).
Appears in 5 contracts
Sources: Amendment No. 6 (Intelsat S.A.), Amendment No. 5 and Joinder Agreement (Intelsat S.A.), Amendment No. 3 and Joinder Agreement (Intelsat S.A.)
Certain Fees. That Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.03(j).
Appears in 5 contracts
Sources: Credit Agreement (Foresight Energy LP), Credit Agreement, Amendment Agreement
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) 3.4 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.9(d).
Appears in 5 contracts
Sources: Credit Agreement (Integrys Energy Group, Inc.), Credit Agreement (Integrys Energy Group, Inc.), Credit Agreement (Integrys Energy Group, Inc.)
Certain Fees. That A Defaulting Lender (x) shall not be entitled to receive any commitment fee Undrawn 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 5 contracts
Sources: Credit Agreement (Dayton Power & Light Co), Credit Agreement (Dayton Power & Light Co), Credit Agreement (Dayton Power & Light Co)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.5(c) 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h)2.14.
Appears in 5 contracts
Sources: Credit Agreement (Mid-Con Energy Partners, LP), Credit Agreement (Mid-Con Energy Partners, LP), Credit Agreement (Mid-Con Energy Partners, LP)
Certain Fees. That Defaulting Lender (xA) shall not 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) and (yB) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.04(h).
Appears in 5 contracts
Sources: Credit Agreement (Ross Stores, Inc.), Credit Agreement (Ross Stores, Inc.), Credit Agreement (Ross Stores Inc)
Certain Fees. That Defaulting Lender (x) shall not 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 shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.3(i).
Appears in 5 contracts
Sources: Credit and Guaranty Agreement (Lannett Co Inc), Credit and Guaranty Agreement (Concordia International Corp.), Credit and Guaranty Agreement (Lannett Co Inc)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee Undrawn 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 5 contracts
Sources: Credit Agreement (DPL Inc), Credit Agreement (DPL Inc), Credit Agreement (DPL Inc)
Certain Fees. That Such Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 5 contracts
Sources: Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc)
Certain Fees. That Defaulting Lender (x) 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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.04(i).
Appears in 5 contracts
Sources: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V)
Certain Fees. That Defaulting Lender (xA) shall will not be entitled to receive any commitment fee Revolving Credit 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 Borrowers will not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (yB) shall will be limited in its right to receive Letter of Credit fees L/C Fees as provided in Section 2.03(h2.04(h).
Appears in 5 contracts
Sources: Credit Agreement (Ch2m Hill Companies LTD), Credit Agreement (Ch2m Hill Companies LTD), Credit Agreement (Ch2m Hill Companies LTD)
Certain Fees. That Defaulting Lender (xA) 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 LenderLender for such period) and (yB) shall be limited in its right to receive Letter of Credit fees a participation fee as provided in Section 2.03(h2.21(c).
Appears in 5 contracts
Sources: Credit Agreement (Cinemark Usa Inc /Tx), Credit Agreement (Cable One, Inc.), Restatement Agreement (Cable One, Inc.)
Certain Fees. That Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit participation fees as provided in Section 2.03(h2.11(b).
Appears in 4 contracts
Sources: Second Amended and Restated Credit Agreement (Magellan Midstream Partners, L.P.), Credit Agreement (Magellan Midstream Partners Lp), Credit Agreement (Magellan Midstream Partners Lp)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive or accrue 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.10(b).
Appears in 4 contracts
Sources: Amendment No. 3 (Chewy, Inc.), Abl Credit Agreement (Chewy, Inc.), Abl Credit Agreement (Chewy, Inc.)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.04(c)(ii).
Appears in 4 contracts
Sources: Credit Agreement (Kroger Co), Credit Agreement (Kroger Co), Credit Agreement (Kroger Co)
Certain Fees. That Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 4 contracts
Sources: Credit Agreement (American Midstream Partners, LP), Credit Agreement (American Midstream Partners, LP), Credit Agreement
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) 2.5 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.19(d).
Appears in 4 contracts
Sources: Credit Agreement (Kansas City Power & Light Co), Credit Agreement (Great Plains Energy Inc), Credit Agreement (Great Plains Energy Inc)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) 2.7 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.7(b)(i).
Appears in 4 contracts
Sources: Credit Agreement (New Media Investment Group Inc.), Credit Agreement (New Media Investment Group Inc.), Credit Agreement (New Media Investment Group Inc.)
Certain Fees. That Defaulting Lender (x) shall not 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.03(i).
Appears in 4 contracts
Sources: Credit Agreement (Parexel International Corp), Credit Agreement (Parexel International Corp), Credit Agreement (Parexel International Corp)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.11(b) 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) and (y) shall be limited in its right not be entitled to receive Letter of Credit fees as provided in Section 2.03(h)fees.
Appears in 4 contracts
Sources: Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee Facility 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 for any period during which that Lender is a Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 4 contracts
Sources: Credit Agreement (Equinix Inc), Credit Agreement (Equinix Inc), Credit Agreement (Equinix Inc)
Certain Fees. That Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter letter of Credit credit fees as provided in Section 2.03(h2.03(g).
Appears in 4 contracts
Sources: Revolving Credit Agreement (IASIS Healthcare LLC), Revolving Credit Agreement (IASIS Healthcare LLC), Credit Agreement (IASIS Healthcare LLC)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee Facility 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.04(h).
Appears in 4 contracts
Sources: Revolving Credit Agreement (TJX Companies Inc /De/), Revolving Credit Agreement (TJX Companies Inc /De/), Revolving Credit Agreement (TJX Companies Inc /De/)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive or accrue any commitment facility fee pursuant to Section 2.09(a2.12(a) for any period during which while 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.12(e).
Appears in 4 contracts
Sources: First Lien Credit Agreement (Clarios International Inc.), First Lien Credit Agreement (Clarios International Inc.), First Lien Credit Agreement (Clarios International Inc.)
Certain Fees. That A Defaulting Lender Lender: (x) shall not be entitled to receive any commitment fee Unused Fee or Facility Fee pursuant to Section 2.09(a) 2.11 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) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h)2.11.
Appears in 4 contracts
Sources: Credit Agreement (Griffin Capital Essential Asset REIT II, Inc.), Credit Agreement (Griffin Capital Essential Asset REIT, Inc.), Credit Agreement (Griffin Capital Essential Asset REIT II, Inc.)
Certain Fees. That Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).
Appears in 4 contracts
Sources: 364 Day Credit Agreement (Linde PLC), 364 Day Credit Agreement (Linde PLC), 364 Day Credit Agreement (Linde PLC)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive or accrue 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.11(b).
Appears in 3 contracts
Sources: Credit Agreement (A10 Networks, Inc.), Credit Agreement (Cubist Pharmaceuticals Inc), Credit Agreement (Cubist Pharmaceuticals Inc)
Certain Fees. That Defaulting Lender (xi) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.09(1) or 2.09(3), as applicable, 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) and (yii) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.03(9).
Appears in 3 contracts
Sources: Amendment No. 5 (Lumexa Imaging Holdings, Inc.), Amendment No. 2 (Lumexa Imaging Holdings, Inc.), Credit Agreement (Lumexa Imaging Holdings, Inc.)
Certain Fees. That Defaulting Lender (x) 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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right not be entitled to receive Letter of Credit fees as provided in Section 2.03(h)fees.
Appears in 3 contracts
Sources: Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.)
Certain Fees. That Defaulting Lender (x) shall not 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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.12(b).
Appears in 3 contracts
Sources: First Lien Credit Agreement (Endeavor Group Holdings, Inc.), First Lien Credit Agreement (Endeavor Group Holdings, Inc.), Credit Agreement (Dell Technologies Inc)
Certain Fees. That Defaulting Lender (x) shall not 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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.04(h).
Appears in 3 contracts
Sources: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Unifirst Corp), Credit Agreement (Mueller Water Products, Inc.)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee or letter of credit fee pursuant to Section Sections 2.09(a) and (b), respectively, 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).
Appears in 3 contracts
Sources: Senior Secured Revolving Facilities Credit Agreement (Chemtura CORP), Senior Secured Revolving Facility Credit Agreement (Chemtura CORP), Senior Secured Revolving Facility Credit Agreement (Chemtura CORP)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) Commitment Fee 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.03(i).
Appears in 3 contracts
Sources: Credit Agreement (Atlantic Power Corp), Credit Agreement (Atlantic Power Corp), Credit Agreement (Atlantic Power Corp)
Certain Fees. That Such Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).
Appears in 3 contracts
Sources: Credit Agreement (Clarivate PLC), Credit Agreement (CLARIVATE PLC), Incremental Facility Amendment (CLARIVATE PLC)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.13(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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.13(b).
Appears in 3 contracts
Sources: Credit Agreement (LyondellBasell Industries N.V.), Credit Agreement (LyondellBasell Industries N.V.), Credit Agreement (LyondellBasell Industries N.V.)
Certain Fees. That Defaulting Lender (x) shall not 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 none of the Borrower Co-Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h2.12(b).
Appears in 3 contracts
Sources: Second Amendment (Graftech International LTD), Credit Agreement (Graftech International LTD), Credit Agreement (Graftech International LTD)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.4(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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.4(b)(ii).
Appears in 3 contracts
Sources: Loan Agreement, Loan Agreement (American Tower Corp /Ma/), Loan Agreement (American Tower Corp /Ma/)
Certain Fees. That Defaulting Lender (x) 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 Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h)2.03.
Appears in 3 contracts
Sources: Credit Agreement (Ashland Global Holdings Inc), Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Inc.)
Certain Fees. That Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).. (iv)
Appears in 3 contracts
Sources: Fourth Term Loan Extension Amendment (Sabre Corp), Third Term Loan Extension Amendment (Sabre Corp), Credit Agreement (Alight, Inc. / Delaware)
Certain Fees. That Such Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).
Appears in 3 contracts
Sources: Credit Agreement (CLARIVATE PLC), Credit Agreement (Clarivate Analytics PLC), Credit Agreement (Clarivate Analytics PLC)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee Unused Line Fee pursuant to Section 2.09(a2.09(a)(ii) 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.09(a)(iii).
Appears in 3 contracts
Sources: Asset Based Revolving Credit Agreement (Vista Outdoor Inc.), Asset Based Revolving Credit Agreement (Vista Outdoor Inc.), Asset Based Revolving Credit Agreement (Vista Outdoor Inc.)
Certain Fees. That Defaulting Lender (x) shall not 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) and (y) shall be limited in its right to receive Letter letter of Credit credit fees as provided in Section 2.03(h2.12(b).
Appears in 3 contracts
Sources: Credit Agreement (Greenhill & Co Inc), Credit Agreement (Greenhill & Co Inc), Credit Agreement (Greenhill & Co Inc)
Certain Fees. That Defaulting Lender (x) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a) 2.10 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) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h).
Appears in 3 contracts
Sources: Credit Agreement (Gentiva Health Services Inc), Credit Agreement (Gentiva Health Services Inc), Credit Agreement (Gentiva Health Services Inc)
Certain Fees. That Defaulting Lender (x1) shall not be entitled to receive any commitment fee pursuant to Section 2.09(a2.5(c) 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) and (y2) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h)2.12.
Appears in 3 contracts
Sources: Credit Agreement (Sundance Energy Australia LTD), Credit Agreement (Sundance Energy Australia LTD), Credit Agreement (Sundance Energy Australia LTD)
Certain Fees. That Defaulting Lender (x) 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 Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) and (y) shall be limited in its right to receive Letter of Credit fees Fees as provided in Section 2.03(h2.05(h).
Appears in 3 contracts
Sources: Credit Agreement (Medtronic PLC), Credit Agreement (Medtronic PLC), Credit Agreement (Medtronic PLC)
Certain Fees. That Defaulting Lender (x) shall not 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) and (y) shall not be limited in its right entitled to receive any Letter of Credit fees Fees as provided in Section 2.03(h2.12(e).
Appears in 3 contracts
Sources: Credit Agreement (Camping World Holdings, Inc.), First Lien Credit Agreement (NEP Group, Inc.), First Lien Credit Agreement (NEP Group, Inc.)
Certain Fees. That Each Defaulting Lender (x) 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) and (y) shall be limited in its right to receive Letter of Credit fees as provided in Section 2.03(h).
Appears in 3 contracts
Sources: Credit Agreement (Tetra Technologies Inc), Credit Agreement (Tetra Technologies Inc), Credit Agreement (Tetra Technologies Inc)