Common use of Commitment and Other Fees Clause in Contracts

Commitment and Other Fees. The Borrower will pay to the Agent, for the account of each of the Banks, on the first day of each calendar quarter, commencing on April 1, 1999 and on the Revolving Expiration Date or date of earlier termination of the within facility for Revolving Loans, commitment fees ("Commitment Fees") computed quarterly in arrears (being computed through the last day of the immediately preceding calendar quarter) on the daily average unused portion of such Bank's Revolving Loan Percentage of the Revolving Commitment Amount (as such Revolving Commitment Amount shall be in effect on the relevant day) during the calendar quarter (or portion thereof) for which such Commitment Fees are to be determined. Such Commitment Fees will be payable, based on such daily average unused portion of each Bank's Revolving Loan Percentage of the Revolving Commitment Amount, at a rate per annum which shall at all times be equal to the Applicable Commitment Fee Rate, as in effect from time to time, appropriately prorated for any partial calendar quarter. As used herein, the "unused portion" of a Bank's Revolving Loan Percentage of the Revolving Commitment Amount on any date shall mean that amount by which (x) such Bank's Revolving Loan Percentage of the then-effective Revolving Commitment Amount exceeds (y) the total of (1) the then total outstanding principal amount of all Revolving Loans made by such Bank plus (2) the total Letter of Credit Exposure of such Bank at such date. As used herein, the "Letter of Credit Exposure" of Fleet is the total outstanding amounts of all letters of credit issued by Fleet under Section 2.11 for the account of the Borrower, less the amounts participated to any other Bank hereunder. The "Letter of Credit Exposure" of any Bank other than Fleet is the total outstanding amount in which such other Bank has a participation interest with respect to letters of credit issued by Fleet under Section 2.11 for the account of the Borrower. The Borrower will also pay to Fleet certain Agent's fees, origination fees and other fees with respect to the Loans, all as separately agreed between Fleet and the Borrower. The Commitment Fees, origination fees, Agent's fee and other fees provided for in this Section 2.06 are in addition to any fees, balances or charges which may be applicable to other services now or hereafter provided to the Borrower by any Bank or by any of their respective affiliates.

Commitment and Other Fees. The (a) In consideration of the Lender's Revolving Commitment, the Borrower will agrees to pay to the Agent, for Lender a commitment fee ("Commitment Fee") (computed on the account of each basis of the Banksactual number of days elapsed in a year composed of 360 days, subject to the terms of Section 10.6 hereof) in an amount equal to the product of (A) one quarter of one percent (0.25%) times (B) the Lender's Unused Revolving Commitment. The Commitment Fee shall be due and payable in arrears (i) on the first day Business Day of each calendar quarterDecember, March, June and September prior to the Revolving Loan Maturity Date, commencing June 1, 1999, and (ii) on the Revolving Loan Maturity Date, with each Commitment Fee to commence to accrue as of the date hereof and to be effective as to any reduction in the Revolving Commitment as of the date of any such decrease, and each Commitment Fee shall cease to accrue (except with respect to interest at the Past Due Rate on any unpaid portion thereof) on the Revolving Loan Maturity Date. All past due Commitment Fees shall bear interest at the Past Due Rate and shall be payable upon demand by the Lender. (b) When and if the daily collection and application procedures for Receivables are implemented and are continuing in accordance with the provisions of Section 7.15(b) hereof, the Borrower hereby agrees to pay to the Lender an administration fee in the amount of $10,000 per annum, payable in advance in semi-annual installments of $5,000, commencing on April 1any date such daily collection procedures are implemented, 1999 and thereafter semi-annually on the Revolving Expiration Date or date of earlier termination of the within facility for Revolving Loans, commitment fees ("Commitment Fees") computed quarterly in arrears (being computed through the last day of the immediately preceding calendar quarter) on the daily average unused portion of such Bank's Revolving Loan Percentage of the Revolving Commitment Amount (as such Revolving Commitment Amount shall be in effect on the relevant day) during the calendar quarter (or portion thereof) for which such Commitment Fees are to be determined. Such Commitment Fees will be payable, based on such daily average unused portion same Business Day of each Bank's Revolving Loan Percentage of the Revolving Commitment Amount, at a rate per annum which shall at all times be equal to the Applicable Commitment Fee Rate, as in effect from time to time, appropriately prorated for any partial calendar quarter. As used herein, the "unused portion" of a Bank's Revolving Loan Percentage of the Revolving Commitment Amount on any date shall mean that amount by which (x) such Bank's Revolving Loan Percentage of the thensubsequent six-effective Revolving Commitment Amount exceeds (y) the total of (1) the then total outstanding principal amount of all Revolving Loans made by such Bank plus (2) the total Letter of Credit Exposure of such Bank at such date. As used herein, the "Letter of Credit Exposure" of Fleet is the total outstanding amounts of all letters of credit issued by Fleet under Section 2.11 for the account of the Borrower, less the amounts participated to any other Bank hereunder. The "Letter of Credit Exposure" of any Bank other than Fleet is the total outstanding amount month period in which such other Bank has a participation interest daily collection procedures are continuing; provided, however, prior to the implementation of such collection procedures, Borrower hereby agrees to pay the Lender an administration fee in the amount of $5,000 per annum, payable in advance with respect to letters of credit issued by Fleet under Section 2.11 for the account first payment being due and payable on [the Closing Date (such amount having been paid)] and annually thereafter, on each anniversary of the Borrower. The Borrower will also pay to Fleet certain Agent's fees, origination fees and other fees with respect to the Loans, all as separately agreed between Fleet and the Borrower. The Commitment Fees, origination fees, Agent's fee and other fees provided for in this Section 2.06 are in addition to any fees, balances or charges which may be applicable to other services now or hereafter provided to the Borrower by any Bank or by any of their respective affiliatesClosing Date.

Commitment and Other Fees. The Borrower At the date of this Agreement, the Borrowers are paying to the Agent, for the account of the respective Banks in accordance with their respective Revolving Loan Percentages, a non-refundable fee (the "Facility Fee") of $300,000. (If the within facility for Revolving Loans is hereafter amended or extended, the fees paid in connection with such amendment or extension will take into account the Facility Fee paid this day, although additional amounts may also be charged for any such amendment or extension.) Further, the Borrowers will pay (and will be jointly and severally obligated to pay) to the Agent, for the account of each of the Banks, on the first day of each calendar quarter, commencing on April July 1, 1999 1997 and on the Revolving Expiration Date or date of earlier termination of the within facility for Revolving Loans, commitment fees ("Commitment Fees") computed quarterly in arrears (being computed through the last day of the immediately preceding calendar quarter) on the daily average unused portion of such Bank's Revolving Loan Percentage of the Revolving Commitment Amount (as such Revolving Commitment Amount shall be in effect on the relevant day) during the calendar quarter (or portion thereof) for which such Commitment Fees are to be determined. Such Commitment Fees will be payable, based on such daily average unused portion of each Bank's Revolving Loan Percentage of the Revolving Commitment Amount, at a the rate of 0.5% per annum which shall at all times be equal to the Applicable Commitment Fee Rate, as in effect from time to time, appropriately prorated for any partial calendar quarterannum. As used herein, the "unused portion" of a Bank's Revolving Loan Percentage of the Revolving Commitment Amount on any date shall mean that amount by which (x) such Bank's Revolving Loan Percentage of the then-effective Revolving Commitment Amount exceeds (y) the total of (1) the then total outstanding principal amount of all Revolving Loans made by such Bank plus (2) the total Letter of Credit Exposure of such Bank at such date. As used herein, the "Letter of Credit Exposure" of Fleet is the total outstanding amounts of all letters of credit issued by Fleet under Section 2.11 for the account of the any Borrower, less the amounts participated to any other Bank hereunder. The "Letter of Credit Exposure" of any Bank other than Fleet is the total outstanding amount in which such other Bank has a participation interest with respect to letters of credit issued by Fleet under Section 2.11 for the account of the any Borrower. The Borrower Borrowers will also pay (and will be jointly and severally obligated to pay) to Fleet certain Agent's fees, origination fees and a facility fee and other fees consideration with respect to the LoansTerm Loan, all as separately agreed between Fleet and the BorrowerBorrowers. The Facility Fee, Commitment Fees, origination fees, Agent's fee Fees and other fees and consideration provided for in this Section 2.06 2.09 are in addition to any fees, balances or charges which may be applicable to other services now or hereafter provided to the any Borrower by any Bank or by any of their respective affiliates.

Commitment and Other Fees. (a) The Borrower will shall pay to the Administrative Agent, for the account of each Revolving Lender (other than a Defaulting Lender of the Bankstype described in clause (i) of the definition thereof, but only for so long as such Lender shall be such a Defaulting Lender), a commitment fee during the period from and including the Closing Date to but not including the Maturity Date calculated at 1/2 of 1% per annum of such Lender's average daily excess, if any, of such Revolving Lender's Revolving Commitment over such Revolving Lender's Aggregate Outstanding Revolving Extensions of Credit during the period for which such payment is to be made. (b) The Borrower shall pay to the Administrative Agent for the account of each Swingline Lender (other than a Defaulting Lender of the type described in clause (i) of the definition thereof, but only for so long as such Lender shall be such a Defaulting Lender), a commitment fee during the period from and including the Closing Date to but not including the Maturity Date calculated at 1/2 of 1% per annum of such Swingline Lender's average daily excess, if any, of such Swingline Lender's Swingline Commitment over such Swingline Lender's Swingline Loans during the period for which such payment is to be made. (c) The commitment fees payable under this Section 2.6 shall be payable monthly in arrears on the first last day of each month of each calendar quarter, year (commencing on April 1, 1999 and on the Revolving Expiration Date or date of earlier termination of the within facility for Revolving Loans, commitment fees ("Commitment Fees") computed quarterly in arrears (being computed through the last day of the immediately preceding calendar quartermonth in which the Closing Date occurs) and on the daily average unused portion of Maturity Date or such Bank's Revolving Loan Percentage of earlier date on which the Revolving Commitment Amount (Commitments or the Swingline Commitments, as such Revolving Commitment Amount the case may be, shall be in effect on the relevant dayterminated as provided herein. (d) during the calendar quarter (or portion thereof) for which such Commitment Fees are to be determined. Such Commitment Fees will be payable, based on such daily average unused portion of each Bank's Revolving Loan Percentage of the Revolving Commitment Amount, at a rate per annum which The Borrower shall at all times be equal pay to the Applicable Commitment Fee Rate, as in effect from time to time, appropriately prorated for any partial calendar quarter. As used herein, the "unused portion" of a Bank's Revolving Loan Percentage of the Revolving Commitment Amount on any date shall mean that amount by which (x) such Bank's Revolving Loan Percentage of the then-effective Revolving Commitment Amount exceeds (y) the total of (1) the then total outstanding principal amount of all Revolving Loans made by such Bank plus (2) the total Letter of Credit Exposure of such Bank at such date. As used herein, the "Letter of Credit Exposure" of Fleet is the total outstanding amounts of all letters of credit issued by Fleet under Section 2.11 Administrative Agent for the account of the BorrowerRestructuring Lenders an amendment fee (the "Amendment Fee") in the aggregate amount of $200,000, less payable on the amounts participated Closing Date. (e) The Borrower shall pay to any other Bank hereunder. The "Letter of Credit Exposure" of any Bank other than Fleet is the total outstanding amount in which such other Bank has a participation interest with respect to letters of credit issued by Fleet under Section 2.11 Administrative Agent for the account of the Borrower. The Borrower will also pay to Fleet certain Agent's feesSwingline Lenders a swingline facility fee (the "Swingline Facility Fee") of three percent (3%) of the aggregate Swingline Commitments (i.e., origination fees and other fees with respect to $1,800,000), payable on the Loans, all as separately agreed between Fleet and the Borrower. The Commitment Fees, origination fees, Agent's fee and other fees provided for in this Section 2.06 are in addition to any fees, balances or charges which may be applicable to other services now or hereafter provided to the Borrower by any Bank or by any of their respective affiliatesClosing Date.

Commitment and Other Fees. The (a) In consideration of Lender's Commitment, the Borrower will agrees to pay to the Agent, for Lender a commitment fee ("COMMITMENT FEE") (computed on the account of each basis of the Banksactual number of days elapsed in a year composed of 360 days, subject to the terms of SECTION 9.6 hereof) in an amount equal to the product of (A) one quarter of one percent (0.25%) times (B) Lender's Unused Commitment. The Commitment Fee shall be due and payable in arrears (i) on the first day Business Day of each calendar quarterDecember, March, June and September prior to the Maturity Date, commencing September 1, 1997, and (ii) on the Maturity Date, with each Commitment Fee to commence to accrue as of the date hereof and to be effective as to any reduction in the Commitment as of the date of any such decrease, and each Commitment Fee shall cease to accrue (except with respect to interest at the Past Due Rate on any unpaid portion thereof) on the Maturity Date. All past due Commitment Fees shall bear interest at the Past Due Rate and shall be payable upon demand by the Lender. (b) When and if the daily collection and application procedures for Receivables are implemented and are continuing in accordance with the provisions of SECTION 6.15(B) hereof, the Borrower hereby agrees to pay to the Lender an administration fee in the amount of $10,000 per annum, payable in advance in semi-annual installments of $5,000, commencing on April 1any date such daily collection procedures are implemented, 1999 and thereafter semi-annually on the Revolving Expiration Date or date of earlier termination of the within facility for Revolving Loans, commitment fees ("Commitment Fees") computed quarterly in arrears (being computed through the last day of the immediately preceding calendar quarter) on the daily average unused portion of such Bank's Revolving Loan Percentage of the Revolving Commitment Amount (as such Revolving Commitment Amount shall be in effect on the relevant day) during the calendar quarter (or portion thereof) for which such Commitment Fees are to be determined. Such Commitment Fees will be payable, based on such daily average unused portion same Business Day of each Bank's Revolving Loan Percentage of the Revolving Commitment Amount, at a rate per annum which shall at all times be equal to the Applicable Commitment Fee Rate, as in effect from time to time, appropriately prorated for any partial calendar quarter. As used herein, the "unused portion" of a Bank's Revolving Loan Percentage of the Revolving Commitment Amount on any date shall mean that amount by which (x) such Bank's Revolving Loan Percentage of the thensubsequent six-effective Revolving Commitment Amount exceeds (y) the total of (1) the then total outstanding principal amount of all Revolving Loans made by such Bank plus (2) the total Letter of Credit Exposure of such Bank at such date. As used herein, the "Letter of Credit Exposure" of Fleet is the total outstanding amounts of all letters of credit issued by Fleet under Section 2.11 for the account of the Borrower, less the amounts participated to any other Bank hereunder. The "Letter of Credit Exposure" of any Bank other than Fleet is the total outstanding amount month period in which such other Bank has a participation interest daily collection procedures are continuing; provided, however, prior to the implementation of such collection procedures, Borrower hereby agrees to pay Lender an administration fee in the amount of $5,000 per annum, payable in advance with respect to letters of credit issued by Fleet under Section 2.11 for the account first payment being due and payable on the Closing Date (such amount having been paid) and annually thereafter, on each anniversary of the Borrower. The Borrower will also pay to Fleet certain Agent's fees, origination fees and other fees with respect to the Loans, all as separately agreed between Fleet and the Borrower. The Commitment Fees, origination fees, Agent's fee and other fees provided for in this Section 2.06 are in addition to any fees, balances or charges which may be applicable to other services now or hereafter provided to the Borrower by any Bank or by any of their respective affiliatesClosing Date.