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Common use of Certain Fees Clause in Contracts

Certain Fees. No Defaulting Lender shall be entitled to receive any 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 that otherwise would have been required to have been paid to that Defaulting Lender).

Appears in 43 contracts

Samples: Credit Agreement (PureCycle Technologies, Inc.), Credit Agreement (PureCycle Technologies, Inc.), Credit Agreement (Advanced Energy Industries Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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 such Defaulting Lender).

Appears in 21 contracts

Samples: Credit and Security Agreement (Fidelity Private Credit Fund), Amendment No. 2 to Facility Documents (Blue Owl Technology Income Corp.), Credit and Security Agreement (Diameter Credit Co)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee 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 fee that otherwise would have been required to have been paid to that Defaulting Lender).

Appears in 18 contracts

Samples: Credit Agreement (Reaves Utility Income Fund), Credit Agreement (Tortoise Midstream Energy Fund, Inc.), Credit Agreement (Telephone & Data Systems Inc /De/)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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 pursuant to Section 2.09 for any period during which that Lender is a Defaulting Lender), and the Borrower shall not be required to pay the remaining amount of such fee that otherwise would have been required to have been paid to that Defaulting Lender.

Appears in 14 contracts

Samples: Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.)

Certain Fees. No A Defaulting Lender shall not be entitled to receive any fee payable under Unused Fee pursuant to Section 2.09(a) 2.11 for any period during which that such 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 such Defaulting Lender).

Appears in 11 contracts

Samples: Mezzanine Credit Agreement, Credit Agreement (Strategic Storage Growth Trust, Inc.), Credit Agreement (Strategic Storage Growth Trust, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) or 2.07(b) 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 10 contracts

Samples: Credit Agreement (Blackstone Secured Lending Fund), Credit Agreement (Blackstone / GSO Secured Lending Fund), Credit Agreement (Highland Floating Rate Opportunities Fund)

Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under 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 8 contracts

Samples: Credit Agreement (Adeia Inc.), Credit Agreement (Adeia Inc.), Credit Agreement (Xperi Holding Corp)

Certain Fees. No That Defaulting Lender shall not be entitled to receive any ticking fee payable under pursuant to Section 2.09(a2.11(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 8 contracts

Samples: Senior Unsecured Bridge Credit Agreement (Medtronic Inc), Senior Unsecured Term Loan Credit Agreement (Medtronic Inc), Senior Unsecured Cash Bridge Credit Agreement (Medtronic Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(aSections 2.09(a)(i), 2.09(a)(ii) or 2.09(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 7 contracts

Samples: Credit Agreement (Lamb Weston Holdings, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) or 2.07(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 such Defaulting Lender).

Appears in 6 contracts

Samples: Credit Agreement (Lord Abbett Private Credit Fund), Credit Agreement (Steele Creek Capital Corp), Credit Agreement (Owl Rock Core Income Corp.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee Commitment Fee payable under 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. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a3.2(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 (Aristotle Funds Series Trust), Credit Agreement (Blackstone / GSO Floating Rate Enhanced Income Fund), Credit Agreement (Blackstone / GSO Floating Rate Enhanced Income Fund)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(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 (Global Partners Lp), Credit Agreement (Cboe Global Markets, Inc.), Credit Agreement (Cboe Global Markets, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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 (Smith & Wesson Brands, Inc.), 364 Day Term Loan and Guaranty Agreement (James Hardie Industries PLC), Credit Agreement (Smith & Wesson Holding Corp)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee Commitment Fee payable under 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. No Defaulting Lender shall be entitled to receive any fee payable under 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 5 contracts

Samples: Senior Secured Revolving Credit Agreement (Crescent Capital BDC, Inc.), Senior Secured Revolving Credit Agreement (Kayne Anderson BDC, Inc.), Senior Secured Revolving Credit Agreement (Crescent Capital BDC, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.07 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 (Cohen & Steers, Inc.), Term Loan Credit Agreement (Cboe Global Markets, Inc.), Credit Agreement (Franklin Resources Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.4(a) or Section 2.4(b) 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).

Appears in 4 contracts

Samples: Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Mezzanine Loan and Security Agreement (Velo3D, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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 4 contracts

Samples: Credit Agreement, Credit Agreement (Amazon Com Inc), Credit Agreement (Amazon Com Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee fees 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 fee that otherwise would have been required to have been paid to that Defaulting Lender).

Appears in 4 contracts

Samples: Credit Agreement (Avery Dennison Corp), Credit Agreement (Avery Dennison Corp), Credit Agreement (Avery Dennison Corp)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.9(a) (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 4 contracts

Samples: Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy Inc)

Certain Fees. (1) No Defaulting Lender shall be entitled to receive any fee payable under 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). (2) With respect to any fees not required to be paid to any Defaulting Lender pursuant to clause (1) above, the Borrower shall not be required to pay the remaining amount of any such fee.

Appears in 4 contracts

Samples: Credit Agreement (Blue Capital Reinsurance Holdings Ltd.), Credit Agreement (Montpelier Re Holdings LTD), Credit Agreement (Fidelity & Guaranty Life)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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 such Defaulting Lender).

Appears in 3 contracts

Samples: Credit and Security Agreement (LGAM Private Credit LLC), Credit and Security Agreement (LGAM Private Credit LLC), Credit and Security Agreement (Cim Real Estate Finance Trust, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under 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 3 contracts

Samples: Credit Agreement (Franklin BSP Realty Trust, Inc.), Credit Agreement (KKR Real Estate Finance Trust Inc.), Credit Agreement (Benefit Street Partners Realty Trust, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee 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 fee that otherwise would have been required to have been paid to that Defaulting Lender).

Appears in 3 contracts

Samples: Borrowing Base Agreement (TXO Partners, L.P.), Credit Agreement (TXO Partners, L.P.), Credit Agreement (MorningStar Partners, L.P.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee the Fee payable under Section 2.09(a3.5.(a) or (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).

Appears in 3 contracts

Samples: Loan Agreement (Park Hotels & Resorts Inc.), Loan Agreement (Park Hotels & Resorts Inc.), Delayed Draw Term Loan Agreement (Park Hotels & Resorts Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a1.3(b) 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).

Appears in 3 contracts

Samples: Loan and Security Agreement (Ziopharm Oncology Inc), Loan and Security Agreement (AVROBIO, Inc.), Loan and Security Agreement (Inmune Bio, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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 3 contracts

Samples: Second Lien Term Loan Credit Agreement (Nabors Industries LTD), Credit Agreement (Franklin Resources Inc), Term Loan Credit Agreement (Parker Drilling Co /De/)

Certain Fees. (A) No Defaulting Lender shall be entitled to receive any 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 that otherwise would have been required to have been paid to that Defaulting Lender). (B) [Reserved]. (C) With respect to any fee payable under Section 2.09(a) or (b), the Borrower shall not be required to pay the remaining amount of any such fee.

Appears in 3 contracts

Samples: Credit Agreement (Andeavor Logistics Lp), Credit Agreement (Tesoro Logistics Lp), Credit Agreement (Tesoro Corp /New/)

Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under 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 Defaulting Lender shall be entitled to receive any fee Commitment Fee payable under 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), Abl Credit Agreement (MKS Instruments Inc), Abl Credit Agreement (MKS Instruments Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.4(a) or Section 2.4(b) 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).

Appears in 3 contracts

Samples: Loan and Security Agreement (Phathom Pharmaceuticals, Inc.), Loan and Security Agreement (Phathom Pharmaceuticals, Inc.), Loan and Security Agreement (Axsome Therapeutics, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.3(b) or Section 2.3(c) 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).

Appears in 3 contracts

Samples: Loan and Security Agreement (Taysha Gene Therapies, Inc.), Loan and Security Agreement (Axonics, Inc.), Mezzanine Loan and Security Agreement (Verrica Pharmaceuticals Inc.)

Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(b) 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). (B) [Reserved] (C) [Reserved].

Appears in 3 contracts

Samples: Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust Inc)

Certain Fees. (A) No Defaulting Lender shall be entitled to receive any 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 that otherwise would have been required to have been paid to that Defaulting Lender). (B) [Reserved]. (C) [Reserved].

Appears in 3 contracts

Samples: Credit Agreement (Adeptus Health Inc.), Credit Agreement (Adeptus Health Inc.), Credit Agreement (Adeptus Health Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee 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 3 contracts

Samples: 364 Day Revolving Credit Agreement (Amazon Com Inc), 364 Day Revolving Credit Agreement (Amazon Com Inc), 364 Day Revolving Credit Agreement (Amazon Com Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under 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 any fee payable under Section 2.09(a3.5(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 (Cpi Aerostructures Inc), Credit Agreement (Cpi Aerostructures Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee 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 that otherwise would have been required to have been paid to that Defaulting Lender).

Appears in 2 contracts

Samples: Term Loan Agreement (Healthcare Trust of America Holdings, LP), Term Loan Agreement (Healthcare Realty Trust Inc)

Certain Fees. (1) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.08 for any period during which that Lender Bank 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). (2) [Reserved]. (3) [Reserved].

Appears in 2 contracts

Samples: Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a) 1.3 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).

Appears in 2 contracts

Samples: Loan and Security Agreement (BioAge Labs, Inc.), Loan and Security Agreement (MedAvail Holdings, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.11(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 and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols SA)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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 (Potlatch Corp), Credit Agreement (Body Central Corp)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a) 2.5 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 2 contracts

Samples: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Non-Use 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, Credit Agreement

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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: Senior Secured Delayed Draw Term Loan Credit Agreement (New Fortress Energy LLC), Senior Secured Delayed Draw Term Loan Credit Agreement (NFE Financial Holdings LLC)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee Fee payable under pursuant to Section 2.09(a2.10(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).

Appears in 2 contracts

Samples: Term Loan Agreement (Agree Realty Corp), Term Loan Agreement (Agree Realty Corp)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee Fee payable under Section 2.09(aSections 3.6.(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: Term Loan Agreement (Corporate Office Properties, L.P.), Term Loan Agreement (Corporate Office Properties, L.P.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee Unused Fee payable under pursuant to Section 2.09(a2.09(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).

Appears in 2 contracts

Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) or 2.05(b) 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 2 contracts

Samples: Credit Agreement (Blackstone Secured Lending Fund), Credit Agreement (Blackstone Secured Lending Fund)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.07 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 (Rexford Industrial Realty, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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 such Defaulting Lender).

Appears in 2 contracts

Samples: Amendment No. 9 (Ares Capital Corp), Omnibus Amendment (Ares Capital Corp)

Certain Fees. No That Defaulting Lender (1) shall not be entitled to receive any unused fee payable under 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 (2) shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.11.

Appears in 2 contracts

Samples: Credit Agreement (Unit Corp), Credit Agreement

Certain Fees. (A) No Defaulting Lender shall be entitled to receive any 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 that otherwise would have been required to have been paid to that Defaulting Lender).

Appears in 2 contracts

Samples: Deed of Amendment and Restatement (Pra Group Inc), Term Loan Credit Agreement (Biogen Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee Unused Fee payable under Section 2.09(a2.08(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).

Appears in 2 contracts

Samples: Credit Agreement (Starwood Property Trust, Inc.), Credit Agreement (Starwood Property Trust, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.2(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 (ArrowMark Financial Corp.), Loan and Security Agreement (Guild Holdings Co)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.08 for any period during which that Lender Bank 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 (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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 (Employers Holdings, Inc.), Credit Agreement (Employers Holdings, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 3.2 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 (Abrdn Income Credit Strategies Fund), Credit Agreement (Aberdeen Income Credit Strategies Fund)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee commitment 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 and Guaranty Agreement (Willis Group Holdings PLC)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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 (Fresh Del Monte Produce Inc), Superpriority Secured Debtor in Possession Credit Agreement (FTD Companies, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.9(b) 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).

Appears in 2 contracts

Samples: Credit Agreement (Accuray Inc), Credit Agreement (K2m Group Holdings, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.07(a) or Section 2.07(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 such Defaulting Lender).

Appears in 2 contracts

Samples: Omnibus Amendment to Loan Documents (Palmer Square Capital BDC Inc.), Credit Agreement (Palmer Square Capital BDC Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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. No Defaulting Lender shall be entitled to receive any commitment fee 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 Defaulting Lender shall be entitled to receive or accrue any commitment fee payable under 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.), Revolving Bridge Credit Agreement (NorthStar Asset Management Group Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a) 2.5 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).

Appears in 2 contracts

Samples: Loan and Security Agreement (TechTarget Inc), Loan and Security Agreement (TechTarget Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.10(a) (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 2 contracts

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Credit and Guaranty Agreement

Certain Fees. No Defaulting Lender shall be entitled to receive any fee Unused Fee payable under Section 2.09(a2.07(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 (Starwood Property Trust, Inc.), Credit Agreement (Starwood Property Trust, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee 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 2 contracts

Samples: Credit Agreement (KVH Industries Inc \De\), Credit Agreement (Media General Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any unused Commitment fee payable under 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 under contemplated by Section 2.09(a2.5(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 (M/I Homes, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.11 for any period during which that Lender is a Defaulting Default 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

Samples: Credit Agreement (B. Riley Financial, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee fees payable under Section 2.09(a2.10(b) for any period during in 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 such Defaulting Lender).

Appears in 1 contract

Samples: Term Loan Agreement (McCormick & Co Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(a) or Section 2.08(b)(ii) 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 (Stratasys Ltd.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee Early Termination Fee or any Undrawn Commitment Fee payable under 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).

Appears in 1 contract

Samples: Credit Agreement (Crosstex Energy Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under pursuant to Section 2.09(a2.9(a)(ii) 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 1 contract

Samples: Term Loan Credit Agreement (Intercontinental Exchange, Inc.)

Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under 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

Samples: Credit Agreement (Hecla Mining Co/De/)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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 (National Health Investors Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.8(b) 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).

Appears in 1 contract

Samples: Credit Agreement (Demand Media Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under 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 1 contract

Samples: Term Loan Credit Agreement (Stericycle Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.9(b) 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, nor shall any such fee accrue).

Appears in 1 contract

Samples: Credit Agreement (Brilliant Earth Group, Inc.)

Certain Fees. (a) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower Cxxxxxxxx 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 (Carpenter Technology Corp)

Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.9(b) 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, nor shall any such fee accrue).

Appears in 1 contract

Samples: Credit Agreement (Brilliant Earth Group, Inc.)

Certain Fees. 159.3.1. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.4(c) or 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 (Bgsf, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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 such Defaulting Lender).

Appears in 1 contract

Samples: Amendment No. 8 (Ares Capital Corp)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a1.9(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

Samples: Credit Agreement (Amerco /Nv/)

Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.06(a) or 2.06(b) 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 1 contract

Samples: 364 Day Bridge Credit Agreement (Clearway Energy, Inc.)

Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a2.8(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 and Guaranty Agreement (TerraForm Power, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under 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: Senior Secured Revolving Credit Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(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).

Appears in 1 contract

Samples: Credit Agreement (Ashford Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee fees payable under Section 2.09(a) 3.9 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 1 contract

Samples: Credit, Security and Guaranty Agreement (iRhythm Technologies, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a2.08(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).

Appears in 1 contract

Samples: Credit Agreement (Vertex Energy Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee 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 1 contract

Samples: Credit Agreement (Invesco Ltd.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable fees under Section 2.09(a2.7(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 (Essential Properties Realty Trust, Inc.)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee 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 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 (Rayonier Inc)

Certain Fees. No (A) Each Defaulting Lender shall not be entitled to receive any fee fees 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 fee that otherwise would have been required to have been paid to that each such Defaulting Lender).

Appears in 1 contract

Samples: Credit Agreement (Omega Healthcare Investors Inc)

Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 2.08 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). (B) With respect to any fee payable under Section 2.08 not required to be paid to any Defaulting Lender pursuant to clause (A) above, the Borrower shall not be required to pay the remaining amount of any such fee.

Appears in 1 contract

Samples: Credit Agreement (Tandy Brands Accessories Inc)

Certain Fees. No Defaulting Lender shall be entitled to receive any commitment fee payable under pursuant to Section 2.09(a2.03(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

Samples: Term Credit Agreement (Appalachian Power Co)

Certain Fees. No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a) 2.7 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).

Appears in 1 contract

Samples: Loan and Security Agreement (Trupanion Inc.)