Common use of Commissions and Other Charges Clause in Contracts

Commissions and Other Charges. (a) The Borrowers shall pay to the Administrative Agent, for the account of the Issuing Lender and the L/C Participants, a letter of credit commission with respect to each Letter of Credit in an amount equal to the product of (i) the face amount of such Letter of Credit times (ii) an annual percentage equal to the Applicable Margin with respect to LIBOR Rate Loans in effect on the date of issuance of such Letter of Credit. Such commission shall be payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date. (b) In addition to the foregoing commission, the Borrowers shall pay the Issuing Lender an issuance fee of 0.125% per annum on the face amount of each Letter of Credit, payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date; provided, that such issuance fee shall not be payable with respect to the Existing Letters of Credit. (c) The Borrowers shall also pay all normal costs and expenses of the Issuing Lender in connection with the issuance, transfer or other administration of the Letters of Credit. (d) The Administrative Agent shall, promptly following its receipt thereof, distribute to the Issuing Lender and the L/C Participants all commissions received by the Administrative Agent in accordance with their respective Revolving Credit Commitment Percentages.

Appears in 2 contracts

Samples: Credit Agreement (Duratek Inc), Credit Agreement (GTS Duratek Inc)

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Commissions and Other Charges. (a) The Borrowers Borrower shall pay to the Administrative Agent, for the account of the applicable Issuing Lender and the L/C Participants, a letter of credit commission with respect to each Letter of Credit in an amount equal to the product of (i) the face amount of such Letter of Credit times (ii) an annual percentage equal to multiplied by the Applicable Margin with respect to Revolving Credit Loans that are LIBOR Rate Loans in effect (determined on the date of issuance of such Letter of Credita per annum basis). Such commission shall be payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date. (b) In addition to the foregoing commission, the Borrowers shall pay the Issuing Lender an issuance fee of 0.125% per annum on the face amount of each Letter of Credit, payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date; provided, that such issuance fee shall not be payable with respect to the Existing Letters of Credit. (c) The Borrowers shall also pay all normal costs and expenses of the Issuing Lender in connection with the issuance, transfer or other administration of the Letters of Credit. (d) . The Administrative Agent shall, promptly following its receipt thereof, distribute to the applicable Issuing Lender and the L/C Participants all commissions received by the Administrative Agent pursuant to this Section 3.3(a) in accordance with their respective Revolving Credit Commitment Percentages. (b) In addition to the foregoing commission, the Borrower shall pay the applicable Issuing Lender, for its own account, an issuance fee with respect to each Letter of Credit in an amount equal to the face amount of such Letter of Credit multiplied by one quarter of one percent (0.25%) per annum. Such issuance fee shall be payable upon issuance of each Letter of Credit. (c) In addition to the foregoing fees and commissions, the Borrower shall pay or reimburse the applicable Issuing Lender, for its own account, for such normal and customary costs and expenses as are incurred or charged by the applicable Issuing Lender in issuing, effecting payment under, amending or otherwise administering any Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Wackenhut Corrections Corp)

Commissions and Other Charges. (a) The Borrowers Borrower shall pay to the Administrative Agent, for the account of the Issuing Lender and the L/C Participants, a letter of credit commission with respect to each Letter of Credit in an amount equal to the product of (i) the face amount of such Letter of Credit times (ii) an annual percentage equal to MULTIPLIED BY the Applicable Margin with respect to Revolving Credit Loans that are LIBOR Rate Loans in effect (determined on the date of issuance of such Letter of Credita per annum basis). Such commission shall be payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date. (b) In addition to the foregoing commission, the Borrowers shall pay the Issuing Lender an issuance fee of 0.125% per annum on the face amount of each Letter of Credit, payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date; provided, that such issuance fee shall not be payable with respect to the Existing Letters of Credit. (c) The Borrowers shall also pay all normal costs and expenses of the Issuing Lender in connection with the issuance, transfer or other administration of the Letters of Credit. (d) . The Administrative Agent shall, promptly following its receipt thereof, distribute to the Issuing Lender and the L/C Participants all commissions received by the Administrative Agent pursuant to this Section 3.3(a) in accordance with their respective Revolving Credit Commitment Percentages. (b) In addition to the foregoing commission, the Borrower shall pay the Issuing Lender an issuance fee with respect to each Letter of Credit in an amount equal to the face amount of such Letter of Credit multiplied by 0.125% per annum; PROVIDED, that such issuance shall not be payable with respect to the Existing Letter of Credit. Such issuance fee shall be payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date. (c) In addition to the foregoing fees and commissions, the Borrower shall pay or reimburse the Issuing Lender for such normal and customary costs and expenses as are incurred or charged by the Issuing Lender in issuing, effecting payment under, amending or otherwise administering any Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (DRS Technologies Inc)

Commissions and Other Charges. (a) The Borrowers shall pay to the Administrative Agent, for the account of the Issuing Lender and the L/C Participants, a letter of credit commission with respect to each Letter of Credit in an amount equal to the product of (i) the face amount of such Letter of Credit times (ii) an annual percentage equal to ----- the Applicable Margin with respect to LIBOR Rate Loans in effect on the date of issuance of such Letter of Credit. Such commission shall be payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date. (b) In addition to the foregoing commission, the Borrowers shall pay the Issuing Lender an issuance fee of 0.125% per annum on the face amount of each Letter of Credit, payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date; provided, that such -------- issuance fee shall not be payable with respect to the Existing Letters of Credit. (c) The Borrowers shall also pay all normal costs and expenses of the Issuing Lender in connection with the issuance, transfer or other administration of the Letters of Credit. (d) The Administrative Agent shall, promptly following its receipt thereof, distribute to the Issuing Lender and the L/C Participants all commissions received by the Administrative Agent in accordance with their respective Revolving Credit Commitment Percentages.

Appears in 1 contract

Samples: Credit Agreement (GTS Duratek Inc)

Commissions and Other Charges. (a) The Borrowers With regard to standby Letters of Credit, the Borrower shall pay to the Administrative Agent, for the account of the Issuing Lender and the L/C Participants, a letter of credit commission with respect to each standby Letter of Credit in an amount equal to a rate per annum, as specified below, on the face amount of such standby Letter of Credit. Such standby Letter of Credit commission shall be payable quarterly in advance. In the case of commercial Letters of Credit, the Borrower shall pay to the Agent for the account of the Issuing Lender and the L/C Participants, a commercial Letter of Credit commission with respect to each commercial Letter of Credit in an amount equal to the product of (i) rate specified below multiplied by the face amount of such Letter of Credit times (ii) an annual percentage equal to the Applicable Margin with respect to LIBOR Rate Loans in effect on the date of issuance of such commercial Letter of Credit. Such commercial Letter of Credit commission shall be payable quarterly in arrears on full upon negotiation. In each case, such rate shall be the last Business Day of each calendar quarter and on the Revolving Credit Maturity DateApplicable Margin for Tranche I LIBOR Rate Loans as in effect from time to time. (b) In addition to the foregoing commission, the Borrowers Borrower shall pay the Issuing Lender an issuance fee of 0.125% per annum on in accordance with the face amount of Issuing Lender's normal and customary practices, and such other customary ancillary fees as the Issuing Lender might charge with respect to each Letter of Credit, payable quarterly in arrears on the last Business Day of each calendar quarter including cable fees and on the Revolving Credit Maturity Date; provided, that such issuance fee shall not be payable with respect to the Existing Letters of Creditamendment fees. (c) The Borrowers shall also pay all normal costs and expenses of the Issuing Lender in connection with the issuance, transfer or other administration of the Letters of Credit. (d) The Administrative Agent shall, promptly following its receipt thereof, distribute to the Issuing Lender and the L/C Participants all commissions received by the Administrative Agent pursuant to subsection (a) in accordance with their respective Revolving Credit Commitment Percentages.

Appears in 1 contract

Samples: Revolving Credit Agreement (WLR Foods Inc)

Commissions and Other Charges. (a1) The Borrowers shall pay to the Administrative Agent, for the account of the Issuing Lender and the L/C Participants, a letter of credit commission fee with respect to each Letter of Credit in an amount equal to the product of (i) the face amount of such Letter of Credit times (ii) an annual percentage equal to the Applicable Margin with respect to for LIBOR Rate Loans in effect on the date of issuance of such Letter of CreditCredit on a per annum basis multiplied by the face amount of such Letter of Credit as then in effect. Such commission shall be payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Termination Date. (b2) In addition to the foregoing commissionfee, the Borrowers shall pay the Issuing Lender an issuance a fronting fee of 0.125% one-eighth of one percent (_%) per annum on the face amount of each Letter of CreditCredit as then in effect, payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Termination Date; provided, that such issuance fee shall not be payable with respect to the Existing Letters of Credit. (c) The Borrowers shall also pay all normal costs and expenses of the Issuing Lender in connection with the issuance, transfer or other administration of the Letters of Credit. (d3) The Administrative Agent shall, promptly following its receipt thereof, distribute to the Issuing Lender and the L/C Participants all commissions fees received by the Administrative Agent in accordance with their respective Revolving Credit Commitment Percentages. (4) The Borrowers shall pay to the Issuing Lender upon request all normal costs of expenses of the Issuing Letter in connection with the issuance, transfer or other administration of any Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Wilmar Industries Inc)

Commissions and Other Charges. (a) The Borrowers Borrower shall pay to the Administrative Agent, for the account of the Issuing Lender and the L/C Participants, a letter of credit commission with respect to each Letter of Credit in an amount equal to the product of (i) the face amount of such Letter of Credit times (ii) an annual percentage equal to multiplied by the Applicable Margin with respect to for LIBOR Rate Loans in effect (determined on the date of issuance of such Letter of Credita per annum basis). Such commission shall be payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Termination Date. (b) In addition to the foregoing commission, the Borrowers Borrower shall pay to the Administrative Agent, for the account of the Issuing Lender Lender, an issuance fee of 0.125% per annum on in an amount equal to the face amount of each Letter of Credit, Credit multiplied by 0.125%. Such issuance fee shall be payable quarterly in arrears on the last Business Day date of each calendar quarter issuance thereof and on the Revolving Credit Maturity Date; provideddate of each renewal, that such issuance fee shall not be payable with respect to the Existing Letters of Creditif any, thereof. (c) The Borrowers In addition to the foregoing commissions, the Borrower shall also pay all or reimburse the Issuing Lender for such normal and customary costs and expenses of as are incurred or charged by the Issuing Lender in connection with the issuanceissuing, transfer effecting payment under, amending or other administration of the Letters otherwise administering any Letter of Credit; provided, that from time to time, as requested by the Borrower, the Administrative Agent will provide the Borrower with information pertaining to the amount of such costs and expenses. (d) The Administrative Agent shall, promptly following its receipt thereof, distribute to the Issuing Lender and the L/C Participants all commissions received by the Administrative Agent in accordance with their respective Revolving Credit Commitment Percentages.

Appears in 1 contract

Samples: Credit Agreement (Insignia Esg Holdings Inc)

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Commissions and Other Charges. (a) The Borrowers Borrower shall pay to the Administrative Agent, for the account of the Issuing Lender and the L/C Participants, a letter of credit commission with respect to each Letter of Credit in an amount equal to the product of of (i) the face amount of such Letter of Credit times (ii) an annual percentage equal to the Applicable Margin with respect to LIBOR Rate Loans in effect (on a per annum basis) and (ii) the date of issuance face amount of such Letter of Credit. Such commission shall be payable (i) from the date such Letter of Credit is issued, quarterly in arrears on the last Business Day of each calendar quarter thereafter and (ii) on the Revolving Credit Maturity Facility Termination Date. (b) In addition The Borrower shall pay to the foregoing commissionAdministrative Agent, for the Borrowers shall pay account of the Issuing Lender Lender, a facing fee with respect to each Letter of Credit in an issuance fee amount equal to the product of (i) 0.125% (on a per annum on basis) and (ii) the face amount of each such Letter of Credit. Such fee shall be payable (i) from the date such Letter of Credit is issued, payable quarterly in arrears on the last Business Day of each calendar quarter thereafter and (ii) on the Revolving Credit Maturity Facility Termination Date; provided, that such issuance fee shall not be payable with respect to the Existing Letters of Credit. (c) The Borrowers In addition to the foregoing commissions, the Borrower shall also pay all or reimburse the Issuing Lender for such normal and customary costs and expenses of as are incurred or charged by the Issuing Lender in connection with the issuanceissuing, transfer effecting payment under, amending or other administration of the Letters otherwise administering any Letter of Credit. (d) The Administrative Agent shall, promptly following its receipt thereof, distribute to the Issuing Lender and the L/C Participants all commissions received by the Administrative Agent in accordance with their respective Revolving Credit Commitment Percentages.

Appears in 1 contract

Samples: Credit Agreement (Checkpoint Systems Inc)

Commissions and Other Charges. (a) The Borrowers shall pay to the Administrative Agent, for the account of the Issuing Lender and the L/C Participants, a letter of credit commission with respect to each Letter of Credit in an amount equal to the product of (i) the face amount of such Letter of Credit times (ii) an annual percentage equal to the Applicable Margin with respect to LIBOR Rate Loans (as set forth in effect Section 4.1 hereof) on per annum basis on the date of issuance face amount of such Letter of Credit. Such commission shall be payable quarterly in arrears on the last Business Day of each calendar quarter (based on the then current Applicable Margin) and on the Revolving Credit Maturity Termination Date. The Administrative Agent shall, promptly following its receipt thereof, distribute to the Issuing Lender and the L/C Participants such commission in accordance with their respective Commitment Percentages. (b) In addition to the foregoing commission, the Borrowers shall pay the Issuing Lender for its account an issuance fee of one-eighth percent (0.125% %) per annum on the face amount of each Letter of Credit, payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Termination Date; provided, that such issuance fee shall not be payable with respect to the Existing Letters of Credit. (c) The In addition to the foregoing commissions, the Borrowers shall also pay all or reimburse the Issuing Lender for such normal and customary costs and expenses of as are incurred or charges by the Issuing Lender in connection with the issuanceissuing, transfer effecting payment under, amending or other administration of the Letters otherwise administering any Letter of Credit. (d) The Administrative Agent shall, promptly following its receipt thereof, distribute to the Issuing Lender and the L/C Participants all commissions received by the Administrative Agent in accordance with their respective Revolving Credit Commitment Percentages.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Commissions and Other Charges. (a) The Borrowers Borrower shall pay to the Administrative Agent, for the account of the Issuing Lender and the L/C Participants, a letter of credit commission with respect to each Letter of Credit for such period as the Letter of Credit is outstanding in an amount equal to the product of (i) the face amount of such Letter of Credit times (ii) an annual percentage equal to the Applicable Margin with respect to LIBOR Rate Loans in effect on the date of issuance of such Letter of Credit. Such commission shall be payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date. (b) In addition to the foregoing commission, the Borrowers Borrower shall pay the Administrative Agent, for the account of the Issuing Lender Lender, an issuance fee of 0.125% per annum on the face amount of each Letter of CreditCredit for such period as the Letter of Credit is outstanding, payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date; provided, that such issuance fee shall not be payable with respect to the Existing Letters of Credit. (c) The Borrowers Borrower shall also pay all normal costs and expenses of the Issuing Lender in connection with the issuance, transfer or other administration of the Letters of Credit. (d) The Administrative Agent shall, promptly following its receipt thereof, distribute to the Issuing Lender and the L/C Participants all commissions received by the Administrative Agent in accordance with their respective Revolving Credit Commitment Percentages.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Commissions and Other Charges. (a) The Borrowers Borrower shall pay to the Administrative Agent, for the account of the Issuing Lender and the L/C Participants, a letter of credit commission with respect to each Letter of Credit in an amount equal to the product of (i) the face amount of such Letter of Credit times (ii) an annual percentage equal to multiplied by the Applicable Margin with respect to Revolving Credit Loans that are LIBOR Rate Loans in effect (determined on the date of issuance of such Letter of Credita per annum basis). Such commission shall be payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date. (b) In addition to the foregoing commission, the Borrowers shall pay the Issuing Lender an issuance fee of 0.125% per annum on the face amount of each Letter of Credit, payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date; provided, that such issuance fee shall not be payable with respect to the Existing Letters of Credit. (c) The Borrowers shall also pay all normal costs and expenses of the Issuing Lender in connection with the issuance, transfer or other administration of the Letters of Credit. (d) . The Administrative Agent shall, promptly following its receipt thereof, distribute to the Issuing Lender and the L/C Participants all commissions received by the Administrative Agent pursuant to this Section 3.3(a) in accordance with their respective Revolving Credit Commitment Percentages. (b) In addition to the foregoing commission, the Borrower shall pay the Administrative Agent, for the account of the Issuing Lender, an issuance fee with respect to each Letter of Credit issued hereunder in an amount equal to the face amount of such Letter of Credit multiplied by one-eighth of one percent (.125%) per annum. Such issuance fee shall be billed by the Administrative Agent and shall be payable by the Borrower in equal quarterly payments, in arrears, on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date. (c) In addition to the foregoing fees and commissions, the Borrower shall pay or reimburse the Issuing Lender for such normal and customary costs and expenses as are incurred or charged by the Issuing Lender in issuing, effecting payment under, amending or otherwise administering any Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Jack in the Box Inc /New/)

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