Common use of Commitment Fees and LC Fees Clause in Contracts

Commitment Fees and LC Fees. (a) Subject to Section 2.04(c), the Borrower agrees to pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage a Commitment Fee from the Effective Date to, but not including, the Maturity Date or such earlier date upon which the Commitments shall terminate or be reduced to zero as provided herein, computed at the Commitment Fee Rate times the actual daily amount by which the aggregate Commitments of all Lenders exceeds the aggregate Credit Exposure of all Lenders (but excluding any Swingline Loans) (the “Commitment Fee”). (b) The Borrower agrees to pay (i) to the Administrative Agent for the account of each Lender a participation fee with respect to its participations in Letters of Credit, which shall accrue at the same rate as the Eurodollar Margin on the average daily amount of such Lender’s LC Exposure to the Borrower (excluding any portion thereof attributable to unreimbursed LC Disbursements) during the period from and including the Effective Date to but excluding the later of the date on which such Lender’s Commitment terminates and the date on which such Lender ceases to have any LC Exposure, and (ii) to the Issuing Bank for its own account an issuing or fronting fee in the amount specified in the Fee Letter, payable on the actual daily maximum amount available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit) (collectively, the “LC Fees”). (c) If any Lender shall become a Defaulting Lender, then, notwithstanding Section 2.04(a) and Section 2.04(b) and without prejudicing any right or remedy that the Borrower may have with respect to, on account of, arising from or relating to any event pursuant to which such Lender shall be a Defaulting Lender, no Commitment Fee or LC Fee shall accrue for the account of such Lender from and after the date upon which such Lender shall have become a Defaulting Lender until such time as such Lender is no longer a Defaulting Lender. (d) Commitment Fees and LC Fees payable to any Lender or the Issuing Bank shall be payable quarterly in arrears on the last day of each March, June, September and December, commencing on June 30, 2010, and on the Maturity Date with respect to such Lender and the Issuing Bank or, with respect to Commitment Fees, on such earlier date as the Commitments shall terminate or be reduced to zero as provided herein. All accrued Commitment Fees and LC Fees payable to any Lender or the Issuing Bank which are not paid on or before the Maturity Date with respect to such Lender or the Issuing Bank shall be due and payable on demand. (e) The Borrower shall pay to Xxxxx Fargo Securities, Inc. and the Administrative Agent for their own respective accounts fees in the amounts and at the times specified in the Fee Letter. Such fees shall be fully earned when paid and shall not be refundable for any reason whatsoever.

Commitment Fees and LC Fees. (a) Subject to Section 2.04(c2.16(a)(iii), the Borrower agrees to pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage a Commitment Fee from the Effective Date to, but not including, the Maturity Date or such earlier date upon which the Commitments shall terminate or be reduced to zero as provided herein, computed at the Commitment Fee Rate times the actual daily amount by which the aggregate Commitments of all Lenders exceeds the aggregate Credit Exposure of all Lenders (but excluding any Swingline Loans) (the “Commitment Fee”). (b) The Borrower agrees to pay (i) to the Administrative Agent for the account of each Lender a participation fee with respect to its participations in Letters of Credit, which shall accrue at the same rate as the Eurodollar Margin on the average daily amount of such Lender’s LC Exposure to the Borrower (excluding any portion thereof attributable to unreimbursed LC Disbursements) during the period from and including the Effective Date to but excluding the later of the date on which such Lender’s Commitment terminates and the date on which such Lender ceases to have any LC Exposure, and (ii) to the each Initial Issuing Bank for its own account an issuing or fronting fee in the amount specified in the Fee LetterLetter (and to each other Issuing Bank for its own account, an issuing or fronting fee in such amount as may be agreed to between the Borrower and such Issuing Bank), payable on the actual daily maximum amount available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit) (collectively, the “LC Fees”). (c) If any Lender shall become a Defaulting Lender, then, notwithstanding Section 2.04(a) and Section 2.04(b) and without prejudicing any right or remedy that the Borrower may have with respect to, on account of, arising from or relating to any event pursuant to which such Lender shall be a Defaulting Lender, no Commitment Fee or LC Fee shall accrue for the account of such Lender from and after the date upon which such Lender shall have become a Defaulting Lender until such time as such Lender is no longer a Defaulting Lender. (d) Commitment Fees and LC Fees payable to any Lender or the Issuing Bank shall be payable quarterly in arrears on the last day of each March, June, September and December, commencing on June 30, 2010, and on the Maturity Date with respect to such Lender and the Issuing Bank or, with respect to Commitment Fees, on such earlier date as the Commitments shall terminate or be reduced to zero as provided herein. All accrued Commitment Fees and LC Fees payable to any Lender or the Issuing Bank which are not paid on or before the Maturity Date with respect to such Lender or the Issuing Bank shall be due and payable on demand. (e) The Borrower shall pay to Xxxxx Fargo Securities, Inc. and the Administrative Agent for their own respective accounts fees in the amounts and at the times specified in the Fee Letter. Such fees shall be fully earned when paid and shall not be refundable for any reason whatsoever.

Commitment Fees and LC Fees. (a) Subject to Section 2.04(c2.04(d), the Borrower agrees to pay to the Administrative Agent for the account of each Lender in accordance with its Applicable Percentage a Commitment Fee from the Effective Date to, but not including, the Maturity Date or such earlier date upon which the Commitments shall terminate or be reduced to zero as provided herein, computed at the applicable Commitment Fee Applicable Rate specified in the definition of Applicable Rate times the actual daily amount by which the aggregate Commitments of all Lenders exceeds the aggregate Credit Exposure of all Lenders (but excluding excluding, any Swingline Loans) (the “Commitment Fee”). (b) The Borrower agrees to pay (i) to the Administrative Agent for the account of each Lender a participation fee with respect to its participations in Letters of Credit, which shall accrue at the same rate as Applicable Rate LC Fee specified in the Eurodollar Margin definition of Applicable Rate on the average daily amount of such Lender’s LC Exposure to the Borrower (excluding any portion thereof attributable to unreimbursed LC Disbursements) during the period from and including the Effective Date to but excluding the later of the date on which such Lender’s Commitment terminates and the date on which such Lender ceases to have any LC Exposure, and (ii) to the Issuing Bank for its own account an issuing or fronting fee in equal to the amount specified in the Fee Letter, payable greater of (A) $500 and (B) 0.125% per annum on the actual daily maximum amount available to be drawn under such Letter of Credit (whether or not such maximum amount is then in effect under such Letter of Credit) (collectively, the “LC Fees”). (c) If any Lender shall become a Defaulting Lender, then, notwithstanding Section Sections 2.04(a) and Section 2.04(b(b) above and without prejudicing any right or remedy that the Borrower may have with respect to, on account of, arising from or relating to any event pursuant to which such Lender shall be a Defaulting Lender, no Commitment Fee or LC Fee shall accrue for the account of such Lender from and after the date upon which such Lender shall have become a Defaulting Lender until such time as such Lender is no longer a Defaulting Lender. (d) Commitment Fees and LC Fees payable to any Lender or the Issuing Bank shall be payable quarterly in arrears on the last day of each March, June, September and December, commencing on June September 30, 2010, and on the Maturity Date with respect to such Lender and the Issuing Bank or, with respect to Commitment Fees, on such earlier date as the Commitments shall terminate or be reduced to zero as provided herein. All accrued Commitment Fees and LC Fees payable to any Lender or the Issuing Bank which are not paid on or before the Maturity Date with respect to such Lender or the Issuing Bank shall be due and payable on demand. (e) The Borrower shall pay to Xxxxx Fargo Securities, Inc. LLC, RBC Capital Markets and the Administrative Agent for their own respective accounts fees in the amounts and at the times specified in the Fee Letter. Such fees shall be fully earned when paid and shall not be refundable for any reason whatsoever.