Common use of Commitment Fees Clause in Contracts

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the Commitment Fee Rate on the average daily unused portion of such Revolving Lender's Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Restatement Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarter, with the final payment to be made on the Revolving Termination Date. The commitment fees provided in this subsection shall accrue at all times after the Restatement Date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender Bank a commitment fee calculated at a rate per annum equal to the ("Commitment Fee Rate Fee") on the average daily unused portion of such Revolving LenderBank's Revolving Commitment, Loan Commitment computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the Applicable Margin per annum. For purposes of calculating utilization under this subsectionSection, the -51- 62 Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) plus PLUS the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Restatement Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarterMarch, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments as the case may be, under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection Section shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article ARTICLE V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the Commitment Fee Rate on the average daily unused portion of such Revolving Lender's Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment feesCommitment) plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Restatement Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarter, with the final payment to be made on the Revolving Termination Date. The commitment fees provided in this subsection shall accrue at all times after the Restatement Date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the Commitment Fee Rate on the average daily unused portion of such Revolving Lender's Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization and mix of the Tranche A Loans and Tranche B Loans for that quarter as calculated by the Administrative Agent, equal to the Applicable Commitment Fee Percentage per annum. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Commitments shall will be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding, plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee fees shall accrue from the Restatement Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quartercalendar quarter commencing on the Restatement Date through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Commitments under SECTION 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after during the Restatement Dateperiod described above, including at any time during which one or more conditions in Article V ARTICLE IV are not met.

Commitment Fees. The Company Holdings shall pay to the Administrative Agent for the account of each Revolving Lender Bank a commitment fee calculated at a rate per annum equal to the Commitment Fee Rate on the average actual daily unused portion of such Revolving LenderBank's Revolving CommitmentCommitment (the "AVAILABLE COMMITMENT"), computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative AgentAgent at a rate per annum equal to the Applicable Fee Amount. For purposes of calculating utilization the Available Commitment under this subsectionSection 2.11, the -51- 62 Revolving Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding, plus the Effective Amount of L/C Obligations then outstanding (but other than L/C Obligations consisting of the aggregate undrawn amount of all Commercial Letters of Credit then outstanding). Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) plus the Effective Amount of all L/C Obligations then outstandingutilization. Such commitment fee shall accrue from the Restatement Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quartercalendar quarter commencing on December 31, 1999, to the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that in connection with any termination of Commitments hereunder, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of termination. The commitment fees provided in this subsection shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the Commitment Fee Rate on times the average daily unused portion of such Revolving Lender's Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal quarter based upon the daily utilization for that quarter as calculated by the Administrative Agentcalendar quarter. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding, plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Restatement Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarterquarter commencing on the first such date after the date hereof through the Revolving Termination Date, with the final payment to be made on the Revolving 65 Termination Date; provided that, in connection with any reduction or termination of Revolving Commitments under Section 2.5, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V VI are not met.

Commitment Fees. The Company shall pay to the Co-Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the Commitment Fee Rate on the average daily unused portion of such Revolving Lender's Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Co-Administrative Agent, equal to the Applicable Commitment Fee Percentage. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding, plus the Effective Amount of all L/C Obligations then outstandingoutstanding and shall not be deemed used by a Lender's Pro Rata Share of Swing Line Loans. Such commitment fee shall accrue from the Restatement Date date hereof to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quartercalendar quarter commencing on September 30, 1999 through the Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Commitments under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article ARTICLE V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the Commitment Non-Use Fee Rate on the average daily unused portion of such Revolving Lender's Percentage of the Revolving CommitmentCommitment Amount and the Acquisition Commitment Amount, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Commitments Commitment Amount shall be deemed used to the extent of the Effective Amount principal amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's the Revolving Commitment for the purpose of calculating commitment feesAmount) plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Restatement Effective Date to the Revolving Termination Date (or, if later, the date on which the Acquisition Commitment Amount is reduced to zero) and shall be due and payable quarterly in arrears on the last Business Day of each fiscal calendar quarter, with the final payment to be made on the Revolving Termination DateDate (or such later date on which the Acquisition Commitment Amount is reduced to zero). The commitment fees provided in this subsection shall accrue at all times after the Restatement Effective Date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall pay to the Administrative --------------- Agent for the account of each Revolving Lender Bank a commitment fee on the average daily unused portion (whether or not available to be used) of such Bank's Commitment set forth in Schedule 1.01(a) to this Agreement, as such Commitment may be reduced ---------------- hereunder, for the period commencing on the Effective Date and continuing thereafter, and computed on a monthly basis in arrears as of the last Business Day of each calendar month based upon the daily utilization for that month as calculated at a rate per annum by the Administrative Agent, in an amount equal to the Commitment Fee Rate on the average daily unused portion of such Revolving LenderBank's Revolving Commitment, computed on a quarterly basis in arrears on Commitment times the last Business Day of each fiscal quarter based upon applicable average rate per ----- annum that is derived from the daily utilization for that quarter as calculated by the Administrative AgentCommitment Fee Rate. For purposes of calculating utilization under this subsectionSection, the -51- 62 Revolving Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) plus the Effective Amount of all L/C Obligations then outstanding. Such Except as set forth above, such commitment fee shall accrue from the Restatement Effective Date to the Revolving Termination Facility Expiry Date and shall be due and payable quarterly monthly in arrears upon calculation by the Administrative Agent and such fees shall be charged to the Loan Account in accordance with Section 2.07; provided that, in connection with any termination -------- of Commitments under Section 2.06, the accrued commitment fee calculated for the period ending on such date shall also be paid on the last Business Day date of each fiscal quarter, with the final payment to be made on the Revolving Termination Datesuch termination. The commitment fees provided in this subsection Section shall accrue at all times after the Restatement above-mentioned Effective Date, including at any time during which one or more conditions in Article V are not met.. ---------

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the Commitment Fee Rate on the average daily unused portion of such Revolving Lender's Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment feesCommitment) plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Restatement Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarter, with the final payment to be made on the Revolving Termination Date. The commitment fees provided in this subsection shall accrue at all times after the Restatement Closing Date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company Holdings shall pay to the Administrative Agent for the account of each Revolving Lender Bank a commitment fee calculated at a rate per annum equal to the Commitment Fee Rate on the average actual daily unused portion of such Revolving LenderBank's Revolving Commitment (the "Available Commitment"), computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative AgentAgent at a rate per annum equal to the Applicable Fee Amount. For purposes of calculating utilization the Available Commitment under this subsectionSection 2.11, the -51- 62 Revolving Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding, plus the Effective Amount of L/C Obligations then outstanding (but other than L/C Obligations consisting of the aggregate undrawn amount of all Commercial Letters of Credit then outstanding). Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) plus the Effective Amount of all L/C Obligations then outstandingutilization. Such commitment fee shall accrue from the Restatement Effective Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quartercalendar quarter commencing on September 30, 2001, to the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; provided that in connection with any termination of Commitments hereunder, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of termination. The commitment fees provided in this subsection shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company Borrower shall pay to the Administrative Paying Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the Commitment Fee Rate on such Lender's Pro Rata Share of the average daily unused portion of such the Revolving Lender's Revolving CommitmentCommitment Amount and the Acquisition Facility Commitment Amount, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Paying Agent. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Commitments Commitment Amount and the Acquisition Facility Commitment Amount shall be deemed used to the extent of the Effective Amount aggregate amount of all Revolving Loans, Acquisition Loans then and L/C Obligations outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's the Revolving Commitment for the purpose of calculating commitment fees) plus the Effective Amount of all L/C Obligations then outstandingAmount). Such commitment fee shall accrue from the Restatement Effective Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quartercalendar quarter through the Termination Date, with the final payment to be made on the Revolving Termination Date. The commitment fees provided in this subsection shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the Commitment Fee Rate ("COMMITMENT FEE") on the average daily unused portion of such Revolving Lender's Revolving Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, at the Applicable Margin per annum. For purposes of calculating utilization under this subsectionSection, the -51- 62 Revolving Commitments Loan Commitment shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) plus outstanding, PLUS the Effective Amount of all L/C Obligations then outstandingoutstanding but excluding for the purposes of calculating utilization under this Section the Effective Amount of Swing Line Loans. Such commitment fee shall accrue from the Restatement Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarterMarch, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; provided that, in connection with any reduction or termination of Revolving Loan Commitment under SECTION 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection Section shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the ("Commitment Fee Rate Fee") on the average daily unused portion of such Revolving Lender's Revolving Lendxx'x Xevolving Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, at the Applicable Margin per annum. For purposes of calculating utilization under this subsectionSection, the -51- 62 Revolving Commitments Loan Commitment shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding, plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Restatement Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarterMarch, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitment under SECTION 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection Section shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall Borrower agrees to pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated Revolving Credit Non-Use Fee and a DDTL Non-Use Fee on the average daily unused amount of the Revolving Credit Commitment and the Delayed Draw Term Loan Commitment of such Lender, which shall accrue at a rate per annum equal to the Applicable Margin for each such fee during the period from and including the Closing Date to but excluding the applicable Commitment Fee Rate on the average daily unused portion of such Revolving Lender's Revolving Commitment, computed on a quarterly basis Termination Date. Accrued commitment fees shall be payable in arrears on the last Business Day day of each fiscal quarter based upon Fiscal Quarter, commencing on the daily utilization for first such date to occur after the date hereof (provided that quarter as calculated by whenever the Administrative Agentlast day of any Fiscal Quarter would otherwise be a day that is not a Business Day, such payment date shall be extended to the next succeeding Business Day, provided that, if such extension would cause the payment date to occur in the following calendar month, such payment date shall be the immediately preceding Business Day), and on the respective Commitment Termination Date. For purposes of calculating utilization under this subsectioncomputing commitment fees, the -51- 62 Revolving Commitments Credit Commitment of any Lender shall be deemed to be used to the extent of the Effective Amount aggregate principal amount at such time of all its outstanding Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving and such Lender's Revolving Commitment for the purpose of calculating commitment fees) plus the Effective Amount of all ’s participation in L/C Obligations then outstanding. Such commitment fee shall accrue from the Restatement Date (but not to the Revolving Termination Date and shall be due and payable quarterly extent of such Lender’s participations in arrears on the last Business Day of each fiscal quarter, with the final payment to be made on the Revolving Termination Date. The commitment fees provided in this subsection shall accrue at all times after the Restatement Date, including at any time during which one or more conditions in Article V are not metoutstanding Swingline Loans).

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the Commitment Fee Rate on the average daily unused portion of such Revolving Lender's Revolving Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the Applicable Commitment Fee Percentage. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of excluding any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding Swing Line Loans), plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Restatement Date date hereof to the Revolving Loan Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quartercalendar quarter commencing on March 31, 2000 through the Revolving Loan Termination Date, with the final payment to be made on the Revolving Loan Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitments under SECTION 2.07, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article ARTICLE V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the ("Commitment Fee Rate Fee") on the average daily unused portion of such Revolving Lender's Revolving Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, at the Applicable Margin per annum. For purposes of calculating utilization under this subsectionSection, the -51- 62 Revolving Commitments Loan Commitment shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding, plus the Effective Amount of all L/C Obligations then outstandingoutstanding but excluding for the purposes of calculating utilization under this Section the Effective Amount of Swing Line Loans. Such commitment fee shall accrue from the Restatement Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarterMarch, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; provided that, in connection with any reduction or termination of Revolving Loan Commitment under Section 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection Section shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the Commitment Non-Use Fee Rate on the average daily unused portion of such Revolving Lender's Percentage of the Revolving CommitmentCommitment Amount, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Commitments Commitment Amount shall be deemed used to the extent of the Effective Amount principal amount of all Revolving Loans then outstanding (but but, for such purpose, Swingline Loans shall not constitute usage of any Revolving Lender's the Revolving Commitment for the purpose of calculating commitment feesAmount) plus PLUS the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Restatement Effective Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal calendar quarter, with the final payment to be made on the Revolving Termination Date. The commitment fees provided in this subsection shall accrue at all times after the Restatement Effective Date, including at any time during which one or more conditions in Article ARTICLE V are not met.

Commitment Fees. The In addition to certain fees described in Section 3.8, the Company shall pay to the Administrative Agent for the account of each Revolving Lender Bank a commitment fee calculated at a rate per annum equal to (the "Commitment Fee Rate Fee") on the average daily unused portion of such Revolving LenderBank's Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to 0.25% per annum. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Commitments Total Commitment shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding, plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the Restatement Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal calendar quarter, commencing on the first such quarterly date to occur after the Closing Date, through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; provided that, in connection with any reduction or termination of Total Commitment under Section 2.5 or Section 2.7, the accrued Commitment Fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fees provided in this subsection shall accrue at all times after during the Restatement Dateabove-mentioned period, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the ("Commitment Fee Rate Fee") on the average daily unused portion of such Revolving LenderXxxxxx's Revolving Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, at the Applicable Margin per annum. For purposes of calculating utilization under this subsectionSection, the -51- 62 Revolving Commitments Loan Commitment shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding, plus the Effective Amount of all L/C Obligations then outstandingoutstanding but excluding for the purposes of calculating utilization under this Section the Effective Amount of Swing Line Loans. Such commitment fee shall accrue from the Restatement Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarterMarch, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; provided that, in connection with any reduction or termination of Revolving Loan Commitment under Section 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection Section shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the ("Commitment Fee Rate Fee") on the average daily unused portion of such Revolving Lender's Revolving Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, at the Applicable Margin per annum. For purposes of calculating utilization under this subsectionSection, the -51- 62 Revolving Commitments Loan Commitment shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding, plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Restatement Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarterMarch, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; PROVIDED that, in connection with any reduction or termination of Revolving Loan Commitment under SECTION 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection Section shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company Borrower shall pay to the Administrative Agent for the account of each Revolving Credit Lender a commitment fee calculated at a rate per annum equal to the Commitment Fee Rate on the average daily unused portion of such Revolving Credit Lender's Revolving Credit Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the Commitment Fee Percentage. For purposes of calculating utilization under this subsectionSection, (i) the -51- 62 combined Revolving Credit Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Credit Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding, plus the Effective Amount of all L/C Obligations then outstandingObligations, and (ii) the making of any Swingline Loan shall not be considered a use of any Revolving Credit Commitment. Such commitment fee shall accrue from the Restatement Closing Date to the Revolving 41 Termination Date Date, and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quartercalendar quarter commencing on the first such day after this Agreement is executed by the Borrower through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; provided, that, in connection with any termination of the combined Revolving Credit Commitments under Section 2.5 or Section 2.7, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such termination. The commitment fees provided in this subsection Section shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to (the "Commitment Fee Rate Fee") on the average daily unused portion of such Revolving Lender's Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the percent per annum set forth in Schedule 2.02 corresponding to the applicable pricing level determined in accordance therewith. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding, plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the Restatement Execution Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarterquarter commencing on September 30, 2004 through the Termination Date, with the final payment to be made on the Revolving Termination Date; provided that, in connection with any reduction or termination of Commitments under Section 2.05, the accrued Commitment Fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fee provided in this subsection shall accrue at all times after the Restatement Dateabove- mentioned commencement date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the (“Commitment Fee Rate Fee”) on the average daily unused portion of such Lender’s Revolving Lender's Revolving Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, at the Applicable Margin per annum. For purposes of calculating utilization under this subsectionSection, the -51- 62 Revolving Commitments Loan Commitment shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding, plus the Effective Amount of all L/C Obligations then outstandingoutstanding but excluding for the purposes of calculating utilization under this Section the Effective Amount of Swing Line Loans. Such commitment fee shall accrue from the Restatement Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarterMarch, June, September and December through the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; provided that, in connection with any reduction or termination of Revolving Loan Commitment under Section 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees provided in this subsection Section shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall Borrower agrees to pay to the Administrative Agent for the account of each Revolving Lender a commitment fee calculated Revolving Credit Non-Use Fee and a DDTL Non-Use Fee on the average daily unused amount of the Revolving Credit Commitment and the Delayed Draw Term B Loan Commitment of such Lender, which shall accrue at a rate per annum equal to the Applicable Margin for each such fee during the period from and including the Closing Date to but excluding the applicable Commitment Fee Rate on the average daily unused portion of such Revolving Lender's Revolving Commitment, computed on a quarterly basis Termination Date. Accrued commitment fees shall be payable in arrears on the last Business Day day of each fiscal quarter based upon Fiscal Quarter, commencing on the daily utilization for first such date to occur after the date hereof (provided that quarter as calculated by whenever the Administrative Agentlast day of any Fiscal Quarter would otherwise be a day that is not a Business Day, such payment date shall be extended to the next succeeding Business Day, provided that, if such extension would cause the payment date to occur in the following calendar month, such payment date shall be the immediately preceding Business Day), and on the respective Commitment Termination Date. For purposes of calculating utilization under this subsectioncomputing commitment fees, the -51- 62 Revolving Commitments Credit Commitment of any Lender shall be deemed to be used to the extent of the Effective Amount aggregate principal amount at such time of all its outstanding Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Restatement Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarter, with the final payment to be made on the Revolving Termination Date. The commitment fees provided in this subsection shall accrue at all times after the Restatement Date, including at any time during which one or more conditions in Article V are not met.Loans

Commitment Fees. The Company shall pay to the Administrative --------------- Agent for the account of each Revolving Lender a commitment fee calculated at a rate per annum equal to the Commitment Fee Rate on the average actual daily unused portion of such Revolving Lender's Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative AgentAgent at a rate per annum equal to the Applicable Fee Amount. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding, plus the ---- Effective Amount of all L/C Obligations then outstanding. Swingline Loans shall not constitute utilization. Such commitment fee shall accrue from the Restatement Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quartercalendar quarter (commencing on March 31, 2000) to the Revolving Termination Date, with the final payment to be made on the Revolving Termination Date; provided that in connection with any termination of Revolving -------- Commitments under Section 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the date of termination. The commitment fees provided in this subsection shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V are not met.

Commitment Fees. The Company shall pay to the Administrative Agent for the --------------- account of each Lender with a Revolving Lender Loan Commitment or L/C Commitment a commitment fee calculated at a rate per annum equal to the ("Commitment Fee Rate Fee") on the average daily unused portion of such -------------- Revolving Lender's Revolving CommitmentLoan Commitment or L/C Lender's L/C Commitment (as the case may be), computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the Applicable Margin per annum applicable to the Commitment Fee. For purposes of calculating utilization under this subsectionSection, the -51- 62 Revolving Loan Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans and the L/C Commitments shall not constitute usage be deemed used to the extent of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee shall accrue from the Restatement Closing Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarterMarch, June, September and December through the Termination Date, with the final payment to be made on the Revolving Termination Date. The commitment fees provided in this subsection Section shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V are not met.. ---------

Commitment Fees. The Company shall pay to the Administrative Agent for the account of each Revolving Lender Bank a commitment fee calculated at a rate per annum equal to (the "Commitment Fee Rate Fee") on the average daily unused portion of such Revolving LenderBank's Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each fiscal calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to the percent per annum set forth in Schedule 2.02 corresponding to the applicable pricing level determined in accordance therewith. For purposes of calculating utilization under this subsection, the -51- 62 Revolving Commitments shall be deemed used to the extent of the Effective Amount of all Revolving Loans then outstanding (but Swingline Loans shall not constitute usage of any Revolving Lender's Revolving Commitment for the purpose of calculating commitment fees) outstanding, plus the Effective Amount of all L/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the Restatement Execution Date to the Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each fiscal quarterquarter commencing on December 31, 1998 through the Termination Date, with the final payment to be made on the Revolving Termination Date; provided that, in connection with any reduction or termination of Commitments under SECTION 2.05, the accrued Commitment Fee calculated for the period ending on such date shall also be paid on the date of such reduction or termination, with the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. The commitment fees Commitment Fee provided in this subsection shall accrue at all times after the Restatement Dateabove-mentioned commencement date, including at any time during which one or more conditions in Article V are not met.