Common use of Commitment Fees; Additional Fees Clause in Contracts

Commitment Fees; Additional Fees. (i) The Company shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, from and after the Closing Date until the date on which the Aggregate Commitment shall be terminated in whole, a commitment fee at the rate of the then Applicable Commitment Fee Percentage multiplied by the average amount by which (A) the Aggregate Commitment in effect from time to time exceeds (B) the Revolving Credit Obligations (excluding the outstanding principal amount of the Swing Line Loans) in effect from time to time during each fiscal quarter of the Company. All such commitment fees payable under this clause (C) shall be payable quarterly on the last day of each fiscal quarter of the Company occurring after the Closing Date (with the first such payment being calculated for the period from the Closing Date and ending on December 31, 2006), and, in addition, on any date on which the Aggregate Commitment shall be terminated in whole. (ii) The Company agrees to pay or to cause the Borrowers to pay to (a) the Administrative Agent for the sole account of the Administrative Agent and JPMSI and (b) the Syndication Agent for the sole account of the Syndication Agent and BAS, in each case the applicable fees set forth in those certain fee letters identified and described in Section 5.1(viii), in each case payable at the times and in the amounts set forth therein.

Commitment Fees; Additional Fees. (i) The Company shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, from and after the Closing Date until the date on which the Aggregate Commitment shall be terminated in whole, a commitment fee at the rate of the then Applicable Commitment Fee Percentage multiplied by the average amount by which (A) the Aggregate Commitment in effect from time to time exceeds (B) the Revolving Credit L/C Obligations (excluding the outstanding principal amount of the Swing Line Loans) in effect from time to time during each fiscal quarter of the Company. All such commitment fees payable under this clause (C) shall be payable quarterly on the last day of each fiscal quarter of the Company occurring after the Closing Date (with the first such payment being calculated for the period from the Closing Date and ending on December 31September 30, 20062003), and, in addition, on any date on which the Aggregate Commitment shall be terminated in whole. (ii) The Company agrees to pay or to cause the Borrowers to pay to (a) the Administrative Agent for the sole account of the Administrative Agent and JPMSI BOCM and (b) the Syndication Agent for the sole account of the Syndication Agent and BAS, in each case the applicable fees set forth in those certain fee letters identified and described in Section 5.1(viii), in each case payable at the times and in the amounts set forth therein.

Commitment Fees; Additional Fees. (i) The Company shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, from and after the Closing Date until the date on which the Aggregate Commitment shall be terminated in whole, a commitment fee at the rate of the then Applicable Commitment Fee Percentage multiplied by the average amount by which (A) the Aggregate Commitment in effect from time to time exceeds (B) the Revolving Credit Obligations (excluding the outstanding principal amount of the Swing Line Loans) in effect from time to time during each fiscal quarter of the Company. All such commitment fees payable under this clause (C) shall be payable quarterly on the last day of each fiscal quarter of the Company occurring after the Closing Date (with the first such payment being calculated for the period from the Closing Date and ending on December 31September 30, 20062001), and, in addition, on any date on which the Aggregate Commitment shall be terminated in whole. (ii) The Company agrees to pay or to cause the Borrowers to pay to (a) the Administrative Agent for the sole account of the Administrative Agent and JPMSI the Arranger (unless otherwise agreed between the Administrative Agent and (bthe Arranger and any Lender) the Syndication Agent for the sole account of the Syndication Agent and BAS, in each case the applicable fees set forth in those certain fee letters identified the letter agreement between the Administrative Agent, the Arranger and described in Section 5.1(viii)the Company dated August 2, in each case 2001, payable at the times and in the amounts set forth therein.

Commitment Fees; Additional Fees. (i) The Company shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, from and after the Closing Date until the date on which the Aggregate Commitment shall be terminated in whole, a commitment fee at the rate of the then Applicable Commitment Fee Percentage multiplied by the average amount by which (A) the Aggregate Commitment in effect from time to time exceeds (B) the Revolving Credit Obligations (excluding the outstanding principal amount of the Swing Line Loans) in effect from time to time during each fiscal quarter of the Company. All such commitment fees payable under this clause (C) shall be payable quarterly on the last day of each fiscal quarter of the Company occurring after the Closing Date (with the first such payment being 39 49 calculated for the period from the Closing Date and ending on December 31, 20062000), and, in addition, on any date on which the Aggregate Commitment shall be terminated in whole. (ii) The Company agrees to pay or to cause the Borrowers to pay to (a) the Administrative Agent for the sole account of the Administrative Agent and JPMSI the Arranger (unless otherwise agreed between the Administrative Agent and (bthe Arranger and any Lender) the Syndication Agent for the sole account of the Syndication Agent and BAS, in each case the applicable fees set forth in those certain fee letters identified the letter agreement between the Administrative Agent, the Arranger and described in Section 5.1(viii)the Company dated August 2, in each case 2001, payable at the times and in the amounts set forth therein.

Commitment Fees; Additional Fees. (i) The Company shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, from and after the Closing Date until the date on which the Aggregate Commitment shall be terminated in whole, a commitment fee at the rate of the then Applicable Commitment Fee Percentage multiplied by the average amount by which (A) the Aggregate Commitment in effect from time to time exceeds (B) the Revolving Credit Obligations (excluding the outstanding principal amount of the Swing Line Loans) in effect from time to time during each fiscal quarter of the Company. All such commitment fees payable under this clause (C) shall be payable quarterly on the last day of each fiscal quarter of the Company occurring after the Closing Date (with the first such payment being calculated for the period from the Closing Date and ending on December 31, 20062000), and, in addition, on any date on which the Aggregate Commitment shall be terminated in whole. (ii) The Company agrees to pay or to cause the Borrowers to pay to (a) the Administrative Agent for the sole account of the Administrative Agent and JPMSI the Arranger (unless otherwise agreed between the Administrative Agent and (bthe Arranger and any Lender) the Syndication Agent for the sole account of the Syndication Agent and BAS, in each case the applicable fees set forth in those certain fee letters identified the letter agreement between the Administrative Agent, the Arranger and described in Section 5.1(viii)the Company dated August 18, in each case 2000, payable at the times and in the amounts set forth therein.

Commitment Fees; Additional Fees. (i) The Company shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, from and after the Closing Date until the date on which the Aggregate Commitment shall be terminated in whole, a commitment fee at the rate of the then Applicable Commitment Fee Percentage multiplied by the average amount by which (A) the Aggregate Commitment in effect from time to time exceeds (B) the Revolving Credit Obligations (excluding the outstanding principal amount of the Swing Line Loans) in effect from time to time during each fiscal quarter of the Company. All such commitment fees payable under this clause (C) shall be payable quarterly on the last day of each fiscal quarter of the Company occurring after the Closing Date (with the first such payment being calculated for the period from the Closing Date and ending on December 31June 30, 20062005), and, in addition, on any date on which the Aggregate Commitment shall be terminated in whole. (ii) The Company agrees to pay or to cause the Borrowers to pay to (a) the Administrative Agent for the sole account of the Administrative Agent and JPMSI and (b) the Syndication Agent for the sole account of the Syndication Agent and BAS, in each case the applicable fees set forth in those certain fee letters identified and described in Section 5.1(viii), in each case payable at the times and in the amounts set forth therein.

Commitment Fees; Additional Fees. (i) The Company shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, from and after the Closing Date until the date on which the Aggregate Commitment shall be terminated in whole, a commitment fee at the rate of the then Applicable Commitment Fee Percentage multiplied by the average amount by which (A) the Aggregate Commitment in effect from time to time exceeds (B) the Revolving Credit Obligations (excluding the outstanding principal amount of the Swing Line Loans) in effect from time to time during each fiscal quarter of the Company. All such commitment fees payable under this clause (C) shall be payable quarterly on the last day of each fiscal quarter of the Company occurring after the Closing Date (with the first such payment being calculated for the period from the Closing Date and ending on December 31September 30, 20062002), and, in addition, on any date on which the Aggregate Commitment shall be terminated in whole.. Sidley Xxxxxx Xxxxx & Xxxx (ii) The Company agrees to pay or to cause the Borrowers to pay to (a) the Administrative Agent for the sole account of the Administrative Agent and JPMSI the Arranger (unless otherwise agreed between the Administrative Agent and (bthe Arranger and any Lender) the Syndication Agent for the sole account of the Syndication Agent and BAS, in each case the applicable fees set forth in those certain fee letters identified the letter agreement between the Administrative Agent, the Arranger and described in Section 5.1(viii)the Company dated August [ ], in each case 2002, payable at the times and in the amounts set forth therein.

Commitment Fees; Additional Fees. (i) The Company shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, from and after the Closing Date until the date on which the Aggregate Commitment shall be terminated in whole, a commitment fee at the rate of the then Applicable Commitment Fee Percentage multiplied by the average amount by which (A) the Aggregate Commitment in effect from time to time exceeds (B) the Revolving Credit Obligations (excluding the outstanding principal amount of the Swing Line Loans) in effect from time to time during each fiscal quarter of the Company. All such commitment fees payable under this clause (C) shall be payable quarterly on the last day of each fiscal quarter of the Company occurring after the Closing Date (with the first such payment being calculated for the period from the Closing Date and ending on December 31September 30, 20062002), and, in addition, on any date on which the Aggregate Commitment shall be terminated in whole. (ii) The Company agrees to pay or to cause the Borrowers to pay to (a) the Administrative Agent for the sole account of the Administrative Agent and JPMSI the Arranger (unless otherwise agreed between the Administrative Agent and (bthe Arranger and any Lender) the Syndication Agent for the sole account of the Syndication Agent and BAS, in each case the applicable fees set forth in those certain fee letters identified the letter agreement between the Administrative Agent, the Arranger and described in Section 5.1(viii)the Company dated August [ ], in each case 2002, payable at the times and in the amounts set forth therein.

Commitment Fees; Additional Fees. (i) The Company shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, from and after the Closing Date until the date on which the Aggregate Commitment shall be terminated in whole, a commitment fee at the rate of the then Applicable Commitment Fee Percentage multiplied by the average amount by which (A) the Aggregate Commitment in effect from time to time exceeds (B) the Revolving Credit Obligations (excluding the outstanding principal amount of the Swing Line Loans) in effect from time to time during each fiscal quarter of the Company. All such commitment fees payable under this clause (C) shall be payable quarterly on the last day of each fiscal quarter of the Company occurring after the Closing Date (with the first such payment being calculated for the period from the Closing Date and ending on December 31September 30, 20062003), and, in addition, on any date on which the Aggregate Commitment shall be terminated in whole. (ii) The Company agrees to pay or to cause the Borrowers to pay to (a) the Administrative Agent for the sole account of the Administrative Agent and JPMSI BOCM and (b) the Syndication Agent for the sole account of the Syndication Agent and BAS, in each case the applicable fees set forth in those certain fee letters identified and described in Section 5.1(viii), in each case payable at the times and in the amounts set forth therein.