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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17. (C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1) pay to each non-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such non-Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 15 contracts
Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, 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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1) pay to each non-Defaulting non‑Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such non-Defaulting non‑Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 15 contracts
Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable fees under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees fees under Section 3.3(a) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.24.
(C) With respect to any Letter of Credit Fee fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer Issuing Lender and Swing Line the Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuerthe Issuing Lender’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 10 contracts
Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Other than as set forth below in this Section 2.09(a) for any 2.16(a)(iii), during such period during which that as a Lender is a Defaulting Lender, such Defaulting Lender (and the Borrower shall will not be required entitled to pay any fees accruing during such fee that otherwise would have been required period pursuant to have been paid to that Defaulting Lender)Section 2.09.
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any fee payable under Section 2.09(a) any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 9 contracts
Samples: Credit Agreement (Bojangles', Inc.), Amendment No. 4 (Bojangles', Inc.), Amendment No. 4 (Bojangles', Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter participation fees under Section 2.11(b) in respect of its participations in Letters of Credit Fees of either Class for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Dollar Percentage or Applicable Multicurrency Percentage, as applicable, of the stated amount of the Letters of Credit of such Class for which it has provided Cash Collateral cash collateral pursuant to Section 2.172.05(k).
(C) With respect to any Letter participation fee in respect of Letters of Credit Fee of either Class not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender of such Class that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans Letters of Credit of such Class that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer Issuing Bank and Swing Line the Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuerthe Issuing Bank’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 8 contracts
Samples: Senior Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.), Senior Secured Revolving Credit Agreement (BlackRock Capital Investment Corp), Senior Secured Revolving Credit Agreement (BlackRock Capital Investment Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 5.4 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) Each Defaulting Lender shall be entitled to receive Letter of Credit L/C Fees for any period during which that such Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Commitment Percentage of the stated amount of Letters of Credit all L/Cs for which it has provided Cash Collateral pursuant to Section 2.173.14.
(C) With respect to any Letter of Credit Fee L/C Fees not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations Borrowing or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 7 contracts
Samples: Eighth Amended and Restated Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts 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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (ivb) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 7 contracts
Samples: Credit Agreement (Green Plains Partners LP), Credit Agreement (Green Plains Inc.), Credit Agreement (Adeptus Health Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 6 contracts
Samples: Credit Agreement (Carriage Services Inc), Credit Agreement, Credit Agreement (Carriage Services Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter letter of Credit Fees credit commissions pursuant to Section 3.3 for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Commitment Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.174.14.
(C) With respect to any Letter letter of Credit Fee credit commission not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable L/C Issuer each Issuing Lender and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Lender’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 6 contracts
Samples: Credit Agreement (CoreCivic, Inc.), Credit Agreement (CoreCivic, Inc.), Credit Agreement (CoreCivic, Inc.)
Certain Fees. (A) 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 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Parent Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 5 contracts
Samples: Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.)
Certain Fees. (A) 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).
(B) Each Defaulting Lender shall be entitled to receive Letter fees in respect of Letters of Credit Fees pursuant to Section 2.07(b) in respect of its participations in Letters of Credit for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.04(j).
(C) With respect to any Letter participation fee in respect of Letters of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause clauses (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans Letters of Credit that has been reallocated to such non-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicableIssuing Bank, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line LenderIssuing Bank’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 5 contracts
Samples: Borrower Assignment and Assumption Agreement (BrightSphere Investment Group Inc.), Revolving Credit Agreement (BrightSphere Investment Group Inc.), Revolving Credit Agreement (BrightSphere Investment Group Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Commitment Fee pursuant to Section 2.09(a2.10(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit L/C Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage ratable share of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.18.
(C) With respect to any Letter of Credit L/C Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter letter of Credit Fees credit commissions pursuant to Section 3.3 for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Commitment Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.175.14.
(C) With respect to any Letter letter of Credit Fee credit commission not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable L/C Issuer each Issuing Lender and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Lender’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 5 contracts
Samples: Credit Agreement (Chuy's Holdings, Inc.), Credit Agreement (Blucora, Inc.), Credit Agreement (Blucora, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(apursuant to Sections 2.11(a) and (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).
(B) Each ; provided that such Defaulting Lender shall be entitled to receive Letter of Credit Fees fees pursuant to Section 2.11(b) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it such Defaulting Lender (but not the Borrower) has provided Cash Collateral pursuant to Section 2.172.19(d).
(CB) With respect to any Letter of Credit Fee fees pursuant to Section 2.11(b) not required to be paid to any Defaulting Lender pursuant to clause (BA) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans Letters of Credit that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iviii) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, each Issuing Bank the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line LenderIssuing Bank’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 5 contracts
Samples: Senior Secured Revolving Credit Agreement (North Haven Private Income Fund LLC), Senior Secured Revolving Credit Agreement (North Haven Private Income Fund LLC), Senior Secured Revolving Credit Agreement (North Haven Private Income Fund a LLC)
Certain Fees. (A) No Each Defaulting Lender shall be entitled to receive any fee fees payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender only to extent allocable to the sum of (1) the outstanding principal amount of the Revolving Loans funded by it, and (2) its Pro Rata Share of the Borrower shall not be required stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender)Section 2.14.
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage Pro Rata Share of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any fee payable under Section 2.09(a) or any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower Company shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 5 contracts
Samples: Credit Agreement (Teledyne Technologies Inc), Credit Agreement (Teledyne Technologies Inc), Credit Agreement (Teledyne Technologies Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter letter of Credit Fees credit commissions pursuant to Section 3.3 for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Commitment Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.174.13.
(C) With respect to any Letter Commitment Fee or letter of Credit Fee credit commission not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable L/C Issuer each Issuing Lender and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Lender’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 4 contracts
Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients 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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and the Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the such Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 4 contracts
Samples: Credit Agreement (Mosaic Co), Credit Agreement (New York Times Co), Credit Agreement (Mosaic Co)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter letter of Credit Fees credit commissions pursuant to Section 3.3 for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Commitment Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.175.14.
(C) With respect to any Letter of Credit Commitment Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2) pay to the each applicable L/C Issuer Issuing Lender and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Lender’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 4 contracts
Samples: Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.)
Certain Fees. (Aa) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(Bb) Each Defaulting Lender shall be entitled to receive Letter participation fees with respect to its participations in Letters of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral cash collateral pursuant to Section 2.172.21.4.
(Cc) With respect to any Letter of Credit Fee participation fee not required to be paid to any Defaulting Lender pursuant to clause (B) aboveSection 2.21.1(iii)(b), the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such participation fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C LC Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) belowSection 2.21.1(iv), (2y) pay to the applicable L/C Issuer Issuing Bank and Swing Line the Swingline Lender, as applicable, the amount of any such participation fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuerthe Issuing Bank’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such participation fee.
Appears in 3 contracts
Samples: Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co)
Certain Fees. (Ai) No Defaulting Lender (x) shall be entitled to receive any fee payable under Line Fee pursuant to Section 2.09(a) 2.4.2 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)) pursuant to Section 2.4.2 for any period during which that Lender is a Defaulting Lender and the Borrower shall (A) except to the extent Borrower has provided Cash Collateral with respect to such Defaulting Lender’s Fronting Exposure, be required to pay to the Swing Line Lender, as applicable, the amount of such fee allocable to its Fronting Exposure arising from that Defaulting Lender and (B) 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, and (y) shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.7.9.
(Bii) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Commitment Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17the terms hereof.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1) pay to each non-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such non-Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Loan Agreement (Cedar Realty Trust, Inc.), Loan Agreement (Cedar Realty Trust, Inc.), Loan Agreement (Cedar Realty Trust, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under fees pursuant to Section 2.09(a) 2.3 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) Each Defaulting Lender shall be entitled to receive Letter of Credit LC Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit Facility LCs for which it has provided Cash Collateral pursuant to Section 2.172.17.11.
(C) With respect to any Letter of Credit LC Fee not required to be paid to any Defaulting Lender pursuant to clause (B) aboveSection 2.20(a)(iii)(B), the Borrower shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C LC Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) belowSection 2.20(a)(iv), (2) pay to the applicable L/C each LC Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C LC Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Hawkins Inc), Credit Agreement (Hawkins Inc), Credit Agreement (Hawkins Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit L/C Participation Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.10.
(C) With respect to any Letter of Credit Fee L/C Participation Fees not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such the L/C Issuer’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Mimedx Group, Inc.), Credit Agreement (Franchise Group, Inc.), Credit Agreement (Liberty Tax, Inc.)
Certain Fees. (A) No That Defaulting Lender shall not 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 Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower Company shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) Facility 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).
(B) Each Defaulting Lender shall be entitled to receive Letter fees pursuant to Section 3.3(a) with respect to Letters of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17Collateral.
(C) With respect to any Letter fee on account of Letters of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, each Issuing Lender the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Issuing Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Sixth Amendment to Amended and Restated Credit Agreement (Essential Properties Realty Trust, Inc.), Credit Agreement (Essential Properties Realty Trust, Inc.), Credit Agreement (Essential Properties Realty 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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Varian Medical Systems Inc), Credit Agreement (Heartland Payment Systems Inc), Credit Agreement (Varian Medical Systems Inc)
Certain Fees. (A) No That Defaulting Lender (x) shall not be entitled to receive any fee payable under Commitment Fee pursuant to Section 2.09(a) 4.2 for any period during which that Lender is a Defaulting Lender (and and, except as set forth below, the Parent Borrower shall not be required to pay any the remaining amount of such fee that otherwise would have been required to have been paid to that Defaulting Lender).
) and (By) Each Defaulting Lender shall be entitled to receive Letter letter of Credit Fees credit commissions pursuant to Section 3.3(c) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage Ratable Share of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17.
(C) cash collateral. With respect to any Letter Commitment Fee or letter of Credit Fee credit commission not required to be paid to any Defaulting Lender pursuant to clause (B) aboveLender, the Parent Borrower shall (1A) pay to each non-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such non-Defaulting Lender pursuant to clause (iv) below, (2B) pay to the each applicable L/C Issuer Issuing Lender and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Lender’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3C) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Brinks Co), Loan Agreement (Brinks Co), Credit Agreement (Brinks Co)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee payable under Commitment Fee pursuant to Section 2.09(a2.05(a) for any period during which that such Lender is a Defaulting Lender (and and, except as otherwise provided in Section 2.05(a), the Applicable Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that such Defaulting Lender).
(Bii) Each Defaulting Lender shall be entitled to receive Letter of Credit L/C Participation Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Pro Rata Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral cash collateral pursuant to Section 2.172.21(k).
(Ciii) With respect to any Letter of Credit L/C Participation Fee not required to be paid to any Defaulting Lender pursuant to clause (Bi) or (ii) above, the Applicable Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations Exposure or participation in Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer each Issuing Bank and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Bank’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Syndicated Facility Agreement (Civeo Corp), Syndicated Facility Agreement (Civeo Corp), Syndicated Facility Agreement (Civeo Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter letter of Credit Fees credit commissions pursuant to Section 3.3 for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Commitment Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.175.14.
(C) With respect to any Letter letter of Credit Fee credit commission not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable L/C Issuer each Issuing Lender and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Lender’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (CST Brands, Inc.), Credit Agreement (CST Brands, Inc.), Credit Agreement (O Charleys Inc)
Certain Fees. (A) No Defaulting Lender (x) shall be entitled to receive any fee payable under Facility Fee pursuant to Section 2.09(a) 2.09 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) pursuant to Section 2.09 for any period during which that Lender is a Defaulting Lender and the Borrower shall (A) except to the extent the Borrower has provided Cash Collateral with respect to such Defaulting Lender’s Fronting Exposure, be required to pay to the Swing Line Lender, as applicable, the amount of such fee allocable to its Fronting Exposure arising from that Defaulting Lender and (B) 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, and (y) shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.03(h).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1) pay to each non-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such non-Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under pursuant to Section 2.09(a3.05(a) for any period during which that Revolving Credit 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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees fees pursuant to Section 3.05(b) for any period during which that Revolving Credit Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral cash collateral pursuant to Section 2.172.08(k).
(C) With respect to any Letter of Credit Fee fee pursuant to Section 3.05(b) not required to be paid to any Defaulting Lender pursuant to sub-clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans Letter of Credit obligations that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, Issuing Bank the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line LenderIssuing Bank’s Fronting Exposure to such Defaulting Lender, Lender and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Grizzly Energy, LLC), Credit Agreement (Chaparral Energy, Inc.), Credit Agreement (Vanguard Natural Resources, 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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Helix Energy Solutions Group Inc), Credit Agreement (Helix Energy Solutions Group Inc), Credit Agreement (Helix Energy Solutions Group Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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 Commitment Fee that otherwise would have been required to have been paid to that Defaulting Lender).
(BA) Each Defaulting Lender shall be entitled to receive Letter of Credit L/C Participation Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Pro Rata Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.23.
(CB) With respect to any Letter of Credit L/C Participation Fee not required to be paid to any Defaulting Lender pursuant to clause (BA) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee L/C Participation Fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans Letters of Credit that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, Issuing Bank the amount of any such fee L/C Participation Fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line LenderIssuing Bank’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such feeL/C Participation Fee.
Appears in 3 contracts
Samples: Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.)
Certain Fees. (Ai) 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).
(Bii) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees the fee payable under Section 2.16(g)(i) for any period during which that Lender Bank is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage Pro Rata Share of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17the immediately following subsection (e).
(Ciii) With respect to any Letter of Credit Fee fee not required to be paid to any Defaulting Lender pursuant to the immediately preceding clause (B) aboveii), the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans Letter of Credit Liabilities that has been reallocated to such nonNon-Defaulting Lender pursuant to clause the immediately following subsection (iv) belowd), (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, Fronting Bank the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line LenderFronting Bank’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Urban Edge Properties LP), Revolving Credit Agreement (Urban Edge Properties), Revolving Credit Agreement (Urban Edge Properties)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter letter of Credit Fees credit commissions pursuant to Section 3.3 for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Commitment Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.175.14.
(C) With respect to any Letter Commitment Fee or letter of Credit Fee credit commission not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2) pay to the each applicable L/C Issuer Issuing Lender and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Lender’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Kforce Inc), Credit Agreement (Kforce Inc), Credit Agreement (Kforce 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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount Stated Amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower Borrowers shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C LC Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (ivSection 2.17(b) below, (2y) pay to the applicable L/C LC Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C LC Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Inc)
Certain Fees. (A1) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) Commitment Fee or Delayed Draw 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).
(B2) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage Ratable Share of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.175.12.
(C3) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower Borrowers shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Letter of Credit Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line each Issuing Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Issuing Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter letter of Credit Fees credit fees pursuant to Section 2.2(b) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage Pro Rata Share of the stated amount of Letters Letter of Credit Accommodations for which it has provided Cash Collateral pursuant to Section 2.17cash collateral.
(C) With respect to any Letter commitment fee or letter of Credit Fee credit fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations Letter of Credit Accommodations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iviii) below, (2) pay to the applicable L/C Issuer Issuing Lender and Swing Line the Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuerthe Issuing Lender’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Imax Corp), Credit Agreement (Imax Corp), Credit Agreement (Imax Corp)
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) Each Defaulting Lender that is a Revolving Credit Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage Percentage, as applicable, of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16.
(C) With respect to any fee payable under Section 2.09(a) or (b) or any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable each L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Kbr, Inc.), Credit Agreement (Kbr, Inc.), Credit Agreement (Kbr, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee Commitment Fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Aegion Corp), Credit Agreement (Aegion Corp), Credit Agreement (Aegion Corp)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(Bii) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage Pro Rata Share of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.03(g).
(Ciii) With respect to any Commitment Fee or Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (Bi) or (ii) above, the Borrower shall (1A) pay to each non-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such non-Defaulting Lender pursuant to clause (iv) belowSection 2.15(d), (2B) pay to the applicable L/C Issuer Issuers and the Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such the L/C Issuer’s Issuers’ or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3C) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Qep Resources, Inc.), Credit Agreement (QEP Midstream Partners, LP), Credit Agreement (QEP Midstream Partners, LP)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees any fees pursuant to Section 3.3 for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage Interest of the stated amount of Letters of Credit for which it the Defaulting Lender has provided Cash Collateral pursuant to Section 2.172.20(a)(ii).
(C) With respect to any Letter of Credit Fee fees pursuant to Section 3.3 not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, each Issuing Lender the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Issuing Lender’s Fronting Exposure to such Defaulting LenderLender which has not been Cash Collateralized, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (William Lyon Homes), Amendment and Restatement Agreement (William Lyon Homes), Credit Agreement (William Lyon Homes)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section Sections 2.09(a) and 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (ivb) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (WHITEWAVE FOODS Co), Credit Agreement (Dean Foods Co), Credit Agreement (WHITEWAVE FOODS Co)
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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee Letter of Credit Fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, Issuing Lender the amount of any such fee Letter of Credit Fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Issuing Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such feeLetter of Credit Fee.
Appears in 3 contracts
Samples: Credit Agreement (Sanmina Corp), Credit Agreement (Sanmina Corp), Credit Agreement (Sanmina Corp)
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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Revolving Credit Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (Bclause(B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such non-Non- Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and the Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings 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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower Borrowers shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Enpro Industries, Inc), Credit Agreement (Enpro Industries, Inc), Credit Agreement (Enpro Industries, Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee Commitment Fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (ModivCare Inc), Credit and Guaranty Agreement (Providence Service Corp), Credit and Guaranty Agreement (Providence Service Corp)
Certain Fees. (A) 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 Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each ; provided, that such, Defaulting Lender shall be entitled to receive Letter of Credit Fees fees pursuant to Section 2.11(a)(ii) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage Pro Rata Share of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16(d).
(CB) With respect to any Letter of Credit Fee fees not required to be paid to any Defaulting Lender pursuant to clause (BA) above, the Borrower Company shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations Letters of Credit or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer each Issuing Bank and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Bank’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (CNO Financial Group, Inc.), Credit Agreement (CNO Financial Group, Inc.), Credit Agreement (CNO Financial Group, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under pursuant to Section 2.09(a3.02(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).
(B) Each Defaulting Lender shall be entitled to receive Letter fees on outstanding Letters of Credit Fees under Section 3.06(a) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.173.12.
(C) With respect to any Letter fees on outstanding Letters of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) belowSection 3.13(a)(iv), (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, Issuing Lender the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Issuing Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Asset Based Revolving Credit Agreement (Roundy's, Inc.), Credit Agreement (Roundy's, Inc.), Credit Agreement (Roundy's, Inc.)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 5.1 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).
(Bii) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Percentage with respect to the Revolving Credit Percentage Facility of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.9.
(Ciii) With respect to any Letter of Credit Fee fee not required to be paid to any Defaulting Lender pursuant to clause the foregoing clauses (Bi) aboveor (ii), the Borrower Company shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C LC Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (ivd) below, (2y) pay to the each applicable L/C Issuer Issuing Lender and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Lender’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (MIDDLEBY Corp), Credit Agreement (Middleby Corp), Credit Agreement (Middleby Corp)
Certain Fees. (A) No That Defaulting Lender (x) shall not 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 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower Borrowers shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (CSI Compressco LP), Credit Agreement (Tetra Technologies Inc), Credit Agreement (Compressco Partners, L.P.)
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 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage Pro Rata Share of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause subsection (A) or (B) above, the applicable Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause subsection (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Pursuit Attractions & Hospitality, Inc.), Canadian Benchmark Replacement Conforming Changes Amendment (Viad Corp), Credit Agreement (Viad Corp)
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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower Company shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable each L/C Issuer and the Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the such Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Jacobs Solutions Inc.), Credit Agreement (Jacobs Engineering Group Inc /De/), Credit Agreement (Jacobs Engineering Group Inc /De/)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit L/C Participation Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any Letter of Credit L/C Participation Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable each L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Dynatrace, Inc.), Credit Agreement (Dynatrace, Inc.), Credit Agreement (Dynatrace, Inc.)
Certain Fees. (A) No That Defaulting Lender shall not 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group)
Certain Fees. (A) 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.03(g).
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable each L/C Issuer and Swing Line LenderIssuer, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a4 or any interest at the Default Rate payable under Section 2.8(c) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee or interest that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable applicable Revolving Credit Commitment Percentage of the stated amount Stated Amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16(a)(ii).
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Letter of Credit Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line LenderLetter of Credit’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: First Lien Credit Agreement (Aveanna Healthcare Holdings, Inc.), First Lien Credit Agreement (Aveanna Healthcare Holdings, Inc.), Credit Agreement (Blue Coat, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) . Each Defaulting Lender shall be entitled to receive Letter letter of Credit Fees credit commissions pursuant to Section 3.3 for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Commitment Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17.
(C) 5.14. With respect to any Letter Commitment Fee or letter of Credit Fee credit commission not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable L/C Issuer Issuing Lender and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuerthe Issuing Lender’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 3 contracts
Samples: Credit Agreement (Patrick Industries Inc), Credit Agreement (Patrick Industries Inc), Credit Agreement (Patrick Industries Inc)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) 5.1 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).
(Bii) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.9.
(Ciii) With respect to any Letter of Credit Fee fee not required to be paid to any Defaulting Lender pursuant to clause the foregoing clauses (Bi) aboveor (ii), the Borrower Company shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (ivd) below, (2y) pay to the each applicable L/C Issuer Issuing Lender and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Lender’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Middleby Corp), Credit Agreement (Middleby Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) Unused 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).
(B) Each No Defaulting Lender shall be entitled to receive Letter the fees for Letters of Credit Fees provided under Section 2.6(c) for any period during which that Lender is a Defaulting Lender only except to the extent allocable to its Applicable Revolving Credit Percentage Pro Rata Share of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to this Section 2.172.11.
(C) With respect to any Letter of Credit Fee fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower applicable Borrowers shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to each Issuing Bank and the applicable L/C Issuer and Swing Line LenderBank, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Bank’s or the Swing Line LenderBank’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Agco Corp /De), Credit Agreement (Agco Corp /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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1) pay to each non-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s 's participation in L/C Obligations or Swing Line Loans that has been reallocated to such non-Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s 's or the Swing Line Lender’s 's Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Nexstar Broadcasting Group 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 Representative shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower Representative shall (1) pay to each non-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such non-Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Incremental Facility Amendment (Media General Inc), Credit Agreement (Media General 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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee Letter of Credit Fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee Letter of Credit Fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such feeLetter of Credit Fee.
Appears in 2 contracts
Samples: Amendment No. 2 and Reaffirmation of Collateral Documents (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc)
Certain Fees. (A) 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 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower Co-Borrowers shall (1x) pay to each non-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such non-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable each L/C Issuer and the Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the such Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Premier, Inc.), Credit Agreement (Premier, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) or Section 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any fee payable under Section 2.09(a) or Section 2.09(b) or any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause clauses (Ba)(iii)(A) or (a)(iii)(B) above, the Borrower shall shall: (1I) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iva)(iv) below, ; (2II) pay to the applicable each L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the such Swing Line Lender’s Fronting Exposure to such Defaulting Lender, ; and (3III) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Spirit AeroSystems Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable fees under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees fees under Section 3.3(a) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.24.
(C) With respect to any Letter of Credit Fee fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer Issuing Lenders and Swing Line the Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s the Issuing Lenders’ or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, 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 shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (NVR Inc)
Certain Fees. (A) 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).
(B) Each ; provided such Defaulting Lender shall be entitled to receive Letter of Credit Fees fees pursuant to Section 2.11(a)(ii) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage Pro Rata Share of the stated amount of Letters of Credit and Bank Guarantees for which it has provided Cash Collateral pursuant to Section 2.172.22(d).
(CB) With respect to any Letter of Credit Fee fees not required to be paid to any Defaulting Lender pursuant to clause (BA) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans Letters of Credit and Bank Guarantees that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iviii) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, Issuing Bank the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line LenderIssuing Bank’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Nord Anglia Education, Inc.), Credit and Guaranty Agreement (Nord Anglia Education, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees fees under Section 2.8(b)(i) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.3(k).
(C) With respect to any Letter of Credit Fee fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Letter of Credit Obligations or Swing Line Loans Swingline Advances that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to each Issuing Lender and the applicable L/C Issuer and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Lender’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Helmerich & Payne, Inc.), Credit Agreement (Helmerich & Payne Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section Sections 2.09(a) 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower Borrowers shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such the L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/)
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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.18.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower Borrowers shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable each L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Hasbro, Inc.), Revolving Credit Agreement (Hasbro Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit L/C Participation Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.10.
(C) With respect to any Letter of Credit Fee L/C Participation Fees not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower Borrowers shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable any L/C Issuer and Swing Line the Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Steven Madden, Ltd.), Credit Agreement (Steven Madden, Ltd.)
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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it such Defaulting Lender has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (ivSection 2.15(b) below, (2) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, Issuers the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such each L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (ironSource LTD), Credit Agreement (ironSource LTD)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) or Section 2.09(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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower Borrowers shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (ivb) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, Lender and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Fourth Amended and Restated Credit Agreement (Cantel Medical Corp), First Amendment (Cantel Medical Corp)
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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower Borrowers shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Enpro Industries, Inc), Credit Agreement (Enpro Industries, 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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such the L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Engility Holdings, Inc.), Credit Agreement (Engility Holdings, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit L/C Participation Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Commitment Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.24.
(C) With respect to any Letter of Credit L/C Participation Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer Issuing Bank and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuerthe Issuing Bank’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Reliant Software, Inc.), Revolving Credit Agreement (Community Choice Financial Inc.)
Certain Fees. (A) 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 Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower Company shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s realized Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Monster Worldwide, Inc.), Credit Agreement (Monster Worldwide, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any 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 Defaulting Lender).;
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.18.
(C) With respect to any fee payable under Section 2.11(a) or (b) or any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower Borrowers shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Camping World Holdings, Inc.), Credit Agreement (Camping World Holdings, 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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) . Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17.
(C) 2.16. With respect to any fee payable under Section 2.09(a) or any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower Borrowers shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Chicago Bridge & Iron Co N V), Revolving Credit Agreement (Chicago Bridge & Iron Co N V)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter letter of Credit Fees credit commissions pursuant to Section 3.03 for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any Letter letter of Credit Fee credit commission not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2) pay to the each applicable L/C Issuer Issuing Lender and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Lender’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)
Certain Fees. (A) No Defaulting Lender (x) shall be entitled to receive any fee payable under Revolver Unused Fee or Facility Fee pursuant to Section 2.09(a) 2.09 for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender) pursuant to Section 2.09 for any period during which that Lender is a Defaulting Lender and the Borrower shall (A) except to the extent Borrower has provided Cash Collateral with respect to such Defaulting Lender’s Fronting Exposure, be required to pay to the Swing Line Lender, as applicable, the amount of such fee allocable to its Fronting Exposure arising from that Defaulting Lender and (B) 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, and (y) shall be limited in its right to receive Letter of Credit Fees as provided in Section 2.03(h).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1) pay to each non-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such non-Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, 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 Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.18.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower Borrowers shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable each L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Hasbro, Inc.), Revolving Credit Agreement (Hasbro, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each No Defaulting Lender shall be entitled to receive Letter of Credit Fees any Banker’s Guarantee Commission for any period during which that Lender is a Defaulting Lender only (and the Borrower shall not be required to the extent allocable pay any such fee that otherwise would have been required to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant have been paid to Section 2.17that Defaulting Lender).
(C) With respect to any Letter of Credit Commitment Fee or Guarantee Commission not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans Banker’s Guarantees that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable L/C Issuer and Swing Line Lendereach Guarantee Issuer, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C the Banker’s Guarantee Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Igate Corp), Credit Agreement (Igate Corp)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit LC Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Facility Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any Letter of Credit LC Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to the Administrative Agent for the ratable benefit of each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations LC Outstandings or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C each LC Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C LC Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Kona Grill Inc), Credit Agreement (Kona Grill Inc)
Certain Fees. (A) No Each Defaulting Lender shall be entitled to receive any fee fees payable under Section Sections 2.09(a) and 2.09(b) for any period during which that Lender is a Defaulting Lender only to extent allocable to the sum of (1) the outstanding principal amount of the Revolving Loans funded by it, and (2) its Applicable Percentage of the Borrower shall not be required stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender)Section 2.14.
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any fee payable under Section 2.09(a) or (b) or any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Energen Corp), Credit Agreement (Energen Corp)
Certain Fees. (A1) 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 Company shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each ; provided, that such, Defaulting Lender shall be entitled to receive Letter of Credit Fees fees pursuant to Section 2.11(a)(ii) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage Pro Rata Share of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16(d).
(C2) With respect to any Letter of Credit Fee fees not required to be paid to any Defaulting Lender pursuant to clause (BA) above, the Borrower Company shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations Letters of Credit or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer each Issuing Bank and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C IssuerIssuing Bank’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (CNO Financial Group, Inc.), Credit Agreement (CNO Financial Group, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Commitment Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Commitment Fee or Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2) pay to the applicable each L/C Issuer and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Interval Leisure Group, Inc.), Credit Agreement (Interval Leisure Group, 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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.15.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line the Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such the L/C Issuer’s or the Swing Line such Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Shutterstock, Inc.), Credit Agreement (Shutterstock, Inc.)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) Unused Line 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).
. If Borrower and Agent agree in writing that a Lender is no longer a Defaulting Lender, Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (B) Each Defaulting Lender shall be entitled which may include arrangements with respect to receive Letter of Credit Fees for any period during which cash collateral), that Lender is a Defaulting Lender only will, to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) aboveapplicable, the Borrower shall (1) pay to each non-Defaulting Lender purchase at par that portion of any outstanding Loans of the other Lenders or take such fee otherwise payable other actions as Agent may determine to be necessary to cause the Loans to be held pro rata by the Lenders in accordance with the Commitments, whereupon such Lender will cease to be a Defaulting Lender Lender; provided that no adjustments will be made retroactively with respect to such fees accrued or payments made by or on behalf of Borrower while that Lender was a Defaulting Lender’s participation in L/C Obligations or Swing Line Loans ; and provided, further, that has been reallocated to such non-Defaulting Lender pursuant to clause (iv) below, (2) pay except to the applicable L/C Issuer and Swing Line Lenderextent otherwise expressly agreed by the affected parties, as applicable, the amount of any such fee otherwise payable to such no change hereunder from Defaulting Lender to the extent allocable to such L/C Issuer’s Lender will constitute a waiver or the Swing Line release of any claim of any party hereunder arising from that Lender’s Fronting Exposure to such having been a Defaulting Lender, and (3) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hercules Technology Growth Capital Inc), Loan and Security Agreement (Hercules Technology Growth Capital Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under Section 2.09(a) for any period during which that Lender Bank 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit L/C Participation Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Commitment Percentage of the stated amount of Letters of Credit L/Cs for which it has provided Cash Collateral pursuant to Section 2.171.11.
(C) With respect to any Letter of Credit L/C Participation Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower Company shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable each L/C Issuer and Swing Line LenderBank, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line LenderBank’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 2 contracts
Samples: Credit Agreement (Sanderson Farms Inc), Credit Agreement (Sanderson Farms 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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Percentage (with respect to the Revolving Credit Percentage Facility) of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (ivSection 2.15(b) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such the L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 1 contract
Samples: Credit Agreement (Compass Group Diversified Holdings LLC)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any commitment fee payable under Section 2.09(a) for any period during which that Lender is a Defaulting Lender (and the Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit L/C Participation Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Revolver Percentage of the stated 748271253 amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.171.13.
(C) With respect to any Letter of Credit L/C Participation Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable each L/C Issuer and Swing Line Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 1 contract
Samples: Credit Agreement (StoneX Group Inc.)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(Bii) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage Pro Rata Share of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.03(g).
(Ciii) With respect to any Commitment Fee or Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (Bi) or (ii) above, the Borrower shall (1A) pay to each non-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such non-Defaulting Lender pursuant to clause (iv) belowSection 2.16(d), (2B) pay to the applicable L/C Issuer and the Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such the L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3C) not be required to pay the remaining amount of any such fee.
Appears in 1 contract
Certain Fees. (A) 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and applicable Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the such Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 1 contract
Samples: Credit Agreement (Joy Global Inc)
Certain Fees. (A) 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).
(B) Each ; provided such Defaulting Lender shall be entitled to receive Letter of Credit Fees fees pursuant to Section 2.08(a)(i) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage pro rata portion of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17.
(CB) With respect to any Letter of Credit Fee fees under Section 2.08(a)(i) not required to be paid to any Defaulting Lender pursuant to clause (BA) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans Letters of Credit that has have been reallocated to such nonNon-Defaulting Lender pursuant to clause (iviii) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
Appears in 1 contract
Samples: Credit Agreement (MGM Growth Properties Operating Partnership LP)
Certain Fees. (Ai) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(Bii) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.17Collateral.
(Ciii) With respect to any Letter of Credit Fee fee not required to be paid to any Defaulting Lender pursuant to clause (Bi) or (ii) above, the Borrower shall (1A) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Reimbursement Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (ivd) below, (2B) pay to the applicable each L/C Issuer and the Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3C) not be required to pay the remaining amount of any such fee.
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Samples: Credit Agreement (Lannett Co Inc)
Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under Section 2.09(a) Commitment Fee for any period during which that Lender is a Defaulting Lender (and the U.S. 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) Each Defaulting Lender shall be entitled to receive Letter of Credit LC Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Facility Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.16.
(C) With respect to any Letter of Credit LC Fee not required to be paid to any Defaulting Lender pursuant to clause (B) above, the U.S. Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee LC Fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans LC Outstandings that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lendereach LC Issuer, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C LC Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.. -119-
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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) Each Defaulting Lender shall be entitled to receive Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.14.
(C) With respect to any Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
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Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each No Defaulting Lender shall be entitled to receive Letter any letter of Credit Fees credit fees pursuant to Section 2.04(g) for any period during which that Lender is a Defaulting Lender only (and the Borrower shall not be required to the extent allocable pay any such fee that otherwise would have been required to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant have been paid to Section 2.17that Defaulting Lender).
(C) With respect to any Letter of Credit Fee fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable each L/C Issuer and Swing Line Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Lender’s Fronting Exposure to such Defaulting Lender, Lender and (3z) not be required to pay the remaining amount of any such fee.
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Certain Fees. (A) No Defaulting Lender shall be entitled to receive any fee payable under 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).
(B) Each Defaulting Lender shall be entitled to receive Letter of Credit L/C Participation Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Applicable Revolving Credit Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to Section 2.172.11.
(C) With respect to any Letter of Credit Fee L/C Participation Fees not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, the Borrower Borrowers shall (1x) pay to each nonNon-Defaulting Lender that portion of any such fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in L/C Obligations or Swing Line Swingline Loans that has been reallocated to such nonNon-Defaulting Lender pursuant to clause (iv) below, (2y) pay to the applicable any L/C Issuer and Swing Line the Swingline Lender, as applicable, the amount of any such fee otherwise payable to such Defaulting Lender to the extent allocable to such L/C Issuer’s or the Swing Line Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (3z) not be required to pay the remaining amount of any such fee.
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