Common use of Commitment and Letter of Credit Fees Clause in Contracts

Commitment and Letter of Credit Fees. (i) No Defaulting Lender shall be entitled to receive any fee described in Section 4.3.1 for any period during which that Lender is a Defaulting Lender (and Borrowers shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender). (ii) Each Defaulting Lender shall be entitled to receive fees described in Section 3.1 for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Pro Rata Share of the Stated Amount of Letters of Credit for which it has provided cash collateral pursuant to Section 2.7. (iii) With respect to any fees described in Section 3.1 not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, Borrowers shall (x) 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 Letter of Credit Obligations or Swing Line Loans that has been reallocated to such Non-Defaulting Lender pursuant to clause (iv) below, (y) pay to 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 Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such fee.

Commitment and Letter of Credit Fees. (iA) No Defaulting Lender shall be entitled to receive any fee described in Section 4.3.1 5.1 for any period during which that Lender is a Defaulting Lender (and Borrowers Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender).. 48 (iiB) Each Defaulting Lender shall be entitled to receive fees described in Section 3.1 5.2(i) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Pro Rata Share of the Stated Amount of Letters of Credit for which it has provided cash collateral pursuant to Section 2.7. (iiiC) With respect to any fees described in Section 3.1 5.2(a) not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, Borrowers Borrower shall (x) 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 Letter of Credit Obligations or Swing Line Loans that has been reallocated to such Non-Defaulting Lender pursuant to clause (iv) below, (y) pay to each 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 Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such fee.

Commitment and Letter of Credit Fees. (iA) No Defaulting Lender shall be entitled to receive any fee described in Section 4.3.1 5.1 for any period during which that Lender is a Defaulting Lender (and Borrowers Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender). (iiB) Each Defaulting Lender shall be entitled to receive fees described in Section 3.1 5.2(i) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Pro Rata Share of the Stated Amount of Letters of Credit for which it has provided cash collateral pursuant to Section 2.7. (iiiC) With respect to any fees described in Section 3.1 5.2(a) not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, Borrowers Borrower shall (x) 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 Letter of Credit Obligations or Swing Line Loans that has been reallocated to such Non-Defaulting Lender pursuant to clause (iv) below, (y) pay to each 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 Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such fee.

Commitment and Letter of Credit Fees. (iA) No Defaulting Lender shall be entitled to receive any fee described in Section 4.3.1 5.1 for any period during which that Lender is a Defaulting Lender (and Borrowers Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender). (iiB) Each Defaulting Lender shall be entitled to receive fees described in Section 3.1 5.2(i) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Pro Rata Share of the Stated Amount of Letters of Credit for which it has provided cash collateral pursuant to Section 2.7.. 50 (iiiC) With respect to any fees described in Section 3.1 5.2(a) not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, Borrowers Borrower shall (x) 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 Letter of Credit Obligations or Swing Line Loans that has been reallocated to such Non-Defaulting Lender pursuant to clause (iv) below, (y) pay to each 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 Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such fee.

Commitment and Letter of Credit Fees. (i1) No Defaulting Lender shall be entitled to receive any fee described in Section 4.3.1 5.1 for any period during which that Lender is a Defaulting Lender (and Borrowers Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender). (ii2) Each Defaulting Lender shall be entitled to receive fees described in Section 3.1 5.2(a) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Pro Rata Share of the Stated Amount of Letters of Credit for which it has provided cash collateral pursuant to Section 2.7.. ​ (iii3) With respect to any fees described in Section 3.1 5.2(a) not required to be paid to any Defaulting Lender pursuant to clause (A1) or (B2) above, Borrowers Borrower shall (x) 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 Letter of Credit Obligations or Swing Line Loans that has been reallocated to such Non-Defaulting Lender pursuant to clause (iv) below, (y) pay to each 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 Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such fee.

Commitment and Letter of Credit Fees. (iA) No Defaulting Lender shall be entitled to receive any fee described in Section 4.3.1 5.1 for any period during which that Lender is a Defaulting Lender (and Borrowers Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender). (iiB) Each Defaulting Lender shall be entitled to receive fees described in Section 3.1 5.2(i) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Pro Rata Share of the Stated Amount of Letters of Credit for which it has provided cash collateral pursuant to Section 2.7.. 49 (iiiC) With respect to any fees described in Section 3.1 5.2(a) not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, Borrowers Borrower shall (x) 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 Letter of Credit Obligations or Swing Line Loans that has been reallocated to such Non-Defaulting Lender pursuant to clause (iv) below, (y) pay to each 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 Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such fee.

Commitment and Letter of Credit Fees. (i) No Defaulting Lender shall be entitled to receive any fee described in Section 4.3.1 5.1 for any period during which that Lender is a Defaulting Lender (and Borrowers Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender). (ii) Each Defaulting Lender shall be entitled to receive fees described in Section 3.1 5.2(a) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Pro Rata Share of the Stated Amount of Letters of Credit for which it has provided cash collateral pursuant to Section 2.7. (iii) With respect to any fees described in Section 3.1 5.2(a) not required to be paid to any Defaulting Lender pursuant to clause (Ai) or (Bii) above, Borrowers Borrower shall (x) 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 Letter of Credit Obligations or Swing Line Loans that has been reallocated to such Non-Defaulting Lender pursuant to clause (ivd) below, (y) pay to each 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 Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such fee.

Commitment and Letter of Credit Fees. (iA) No Defaulting Lender shall be entitled to receive any fee described in fees pursuant to Section 4.3.1 2.12(a) for any period during which that Lender is a Defaulting Lender (and Borrowers 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). (iiB) Each Defaulting Lender shall be entitled to receive fees described in Section 3.1 Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Pro Rata Share Applicable Percentage of the Stated Amount stated amount of Letters of Credit for which it has provided cash collateral Cash Collateral pursuant to Section 2.7. 2.6 or this Section 2.17. (iiiC) With respect to any fees described in Section 3.1 Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, Borrowers the Borrower shall (x) 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 Letter of Credit Obligations or Swing Line Loans Exposure that has been reallocated to such Non-Defaulting Lender pursuant to clause (iv) below, (y) pay to each 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 Swing Line LenderIssuing Bank’s Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such fee.

Commitment and Letter of Credit Fees. (i) No Defaulting Lender shall be entitled to receive any fee described in Section 4.3.1 for any period during which that Lender is a Defaulting Lender (and Borrowers Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender). (ii) Each Defaulting Lender shall be entitled to receive fees described in Section 3.1 5.2(a) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Pro Rata Share of the Stated Amount of Letters of Credit for which it has provided cash collateral pursuant to Section 2.7. (iii) With respect to any fees described in Section 3.1 5.2(a) not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, Borrowers Borrower shall (x) 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 Letter of Credit Obligations or Swing Line Loans that has been reallocated to such Non-Defaulting Lender pursuant to clause (iv) below, (y) pay to 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 Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such fee.

Commitment and Letter of Credit Fees. (iA) No Defaulting Lender shall be entitled to receive any fee described in Section 4.3.1 Commitment Fee for any period during which that Lender is a Defaulting Lender (and Borrowers Borrower shall not be required to pay any such fee that otherwise would have been required to have been paid to that Defaulting Lender). (iiB) Each Defaulting Lender shall be entitled to receive fees described in Section 3.1 Letter of Credit Fees for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Pro Rata Share of the Stated Amount stated amount of Letters of Credit for which it has provided cash collateral Cash Collateral pursuant to Section 2.7paragraph (d) below. (iiiC) With respect to any fees described in Section 3.1 Letter of Credit Fee not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, Borrowers Borrower shall (x) 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 Letter of Credit Obligations or Swing Line Loans that has been reallocated to such Nonnon-Defaulting Lender pursuant to clause Section 2.6(b)(i) or (iv) belowii), (y) pay to 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 Swing Line Lender’s Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such fee.

Commitment and Letter of Credit Fees. (iA) No Defaulting Lender shall be entitled to receive any commitment fee described in due under Section 4.3.1 2.12(a) for any period during which that Lender is a Defaulting Lender (and Borrowers 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). (iiB) Each Defaulting Lender shall be entitled to receive fees described in with respect to Letters of Credit due under Section 3.1 2.12(b) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Pro Rata Share Applicable Percentage of the Stated Amount stated amount of Letters of Credit for which it has provided cash collateral Cash Collateral pursuant to Section 2.72.22. (iiiC) With respect to any fees described in Section 3.1 not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, Borrowers the Borrower shall (x) 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 Letter Letters of Credit Obligations or Swing Line Swingline Loans that has been reallocated to such Non-Defaulting Lender pursuant to clause (iv) below, (y) pay to each 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 IssuerIssuing Bank’s or Swing Line the Swingline Lender’s Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such fee.

Commitment and Letter of Credit Fees. (iA) No Defaulting Lender shall be entitled to receive any commitment fee described in Section 4.3.1 for any period during which that Lender is a Defaulting Lender (and Borrowers 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). (iiB) Each Defaulting Lender shall be entitled to receive letter of credit fees described in under Section 3.1 2.11(b) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Pro Rata Share Revolving Percentage of the Stated Amount stated amount of Letters of Credit for which it has provided cash collateral Cash Collateral pursuant to Section 2.72.20. (iiiC) With respect to any fees described in letter of credit fee under Section 3.1 2.11(b) not required to be paid to any Defaulting Lender pursuant to clause (A) or (B) above, Borrowers the Borrower shall (x) 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 Letter of Credit Obligations or Swing Line Loans the LC Exposure that has been reallocated to such Non-Defaulting Lender pursuant to clause (iv) below, (y) pay to each 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 Swing Line LenderIssuing Bank’s Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such fee.