Common use of Commitment Fees Clause in Contracts

Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.

Appears in 6 contracts

Samples: Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen Prime Rate Income Trust)

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Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. For the avoidance of doubt, the contingent obligation of a Bank to pay funds to BofA in respect of a Swing Loan that may convert to a Federal Funds Rate Loan as provided in Section 2.16 shall not be considered use of such Borrower's Commitment. Van Xxxxxx Xxxme Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second third amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14September 13, 1999 2000 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.

Appears in 3 contracts

Samples: Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen Senior Floating Rate Fund)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the average daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Commitment Fee Percentage. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this Section, with respect to each Bank's Commitment, the making of any Bid Loan by such Bank shall not be responsible for its pro rata considered a use of a portion of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofsuch Bank's Commitment. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14, 1999 the first such day this Agreement is executed by the Company through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any reduction or termination of Commitments under Section 2.08, the accrued commitment fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-above- mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.

Appears in 3 contracts

Samples: Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp)

Commitment Fees. The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender a commitment fee (a “Commitment Fee”) on the average daily unused portion of such Bank's Revolving Lender’s Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Commitment Fee Rate. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this subsection, the Revolving Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion principal amount of Revolving Loans then outstanding (excluding any outstanding Swing Line Loans), plus the commitment fee based upon the relative net asset value amount of each Borrower on any date of determination thereofall L/C Obligations then outstanding. Such commitment fee Commitment Fees shall accrue from the date of this second amended and restated Agreement Effective Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 1430, 1999 2018 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any reduction or termination of Revolving Commitments under Section 2.07, the accrued Commitment Fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.

Appears in 2 contracts

Samples: Credit Agreement (Hanger, Inc.), Credit Agreement (Hanger, Inc.)

Commitment Fees. The Borrowers shall Borrower agrees to pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank Lender a commitment fee fee, which shall accrue at the Applicable Percentage (determined quarterly in accordance with Schedule I) on the average daily amount of the unused portion Revolving Commitment of such Bank's CommitmentLender during the Availability Period; provided, computed that if such Lender continues to have any Revolving Credit Exposure after the Commitment Termination Date, then the commitment fee shall continue to accrue on a quarterly basis the average daily amount of such Lender’s unused Revolving Commitment from and after the Commitment Termination Date to the date that all of such Lender’s Revolving Credit Exposure has been paid in full. The Applicable Percentage shall initially be 0.100%, but shall be reset from time to time as provided in the definition of “Applicable Percentage” herein. Accrued commitment fees shall be payable in arrears on the last Business Day of each calendar fiscal quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible for its pro rata portion of the commitment fee Borrower and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Termination Date, with commencing on the final payment to be made on first such date after the Closing Date; provided that any commitment fees accruing after the Commitment Termination DateDate shall be payable on demand. All accrued For purposes of computing commitment fees with respect to but not including the effective date Revolving Commitments, the Revolving Commitment of any termination of Commitments each Lender shall be paid on deemed used to the effective date extent of the outstanding Revolving Loans and LC Exposure of such termination. All accrued commitment fees to Lender (but outstanding Swingline Loans shall not including the effective date of any reduction of Commitments shall be paid on the last Business Day deemed usage of the then-current calendar quarter, with such quarterly payment being calculated on the basis Revolving Commitment of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not meteach Lender).

Appears in 2 contracts

Samples: Revolving Credit Agreement (Watsco Inc), Revolving Credit Agreement (Watsco Inc)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender a commitment fee on the average daily unused portion of such BankRevolving Lender's Revolving Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Applicable Commitment Fee Percentage. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this subsection, the Revolving Loan Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding (excluding any outstanding Swing Line Loans), plus the Effective Amount of the commitment fee based upon Dollar Equivalent of the relative net asset value Fronted Offshore Currency Loans then outstanding plus the Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee shall accrue from the date of this second amended and restated Agreement hereof to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14September 30, 1999 2000 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All ; provided that, in connection with any reduction or termination of Revolving Loan Commitments under Section 2.09, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.

Appears in 2 contracts

Samples: Credit Agreement (Oshkosh Truck Corp), Credit Agreement (Oshkosh Truck Corp)

Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.090.11% per annum. For the avoidance of doubt, the contingent obligation of a Bank to pay funds to BofA in respect of a Swing Loan that may convert to a Federal Funds Rate Loan as provided in Section 2.16 shall not be considered use of such Borrower's Commitment. Van Xxxxxx Xxxme Kampen Prime Rate Income Trust shall be responsible for its pro fox xxx xxx rata portion of the commitment fee and Van Xxxxxx Xxxior Kampen Senior Floating Rate Fund shall be responsible for its pro rata xxx xxx xxx xxxx portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14December 31, 1999 2002 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.

Appears in 2 contracts

Samples: Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen Senior Floating Rate Fund)

Commitment Fees. The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender a commitment fee (a “Commitment Fee”) on the average daily unused portion of such Bank's Revolving Lender’s Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Applicable Rate. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this subsection, the Revolving Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion principal amount of Revolving Loans then outstanding (excluding any outstanding Swing Line Loans), plus the commitment fee based upon the relative net asset value amount of each Borrower on any date of determination thereofall L/C Obligations then outstanding. Such commitment fee Commitment Fees shall accrue from the date of this second amended and restated Agreement Effective Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14March 31, 1999 2011 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any reduction or termination of Revolving Commitments under Section 2.07, the accrued Commitment Fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.

Appears in 2 contracts

Samples: Credit Agreement (Hanger Orthopedic Group Inc), Credit Agreement (Hanger Orthopedic Group Inc)

Commitment Fees. The In addition to certain fees described in Section 3.08, the Borrowers shall pay on a several, and not on a joint, basis to the Agent Agent, for the account of each Bank Lender in accordance with its Pro Rata Share, a commitment fee on the average daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of Aggregate Commitment during each calendar fiscal quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible for its pro rata portion the Commitment Fee Margin multiplied by the average of the commitment fee daily unused portion. For purposes of calculating utilization under this Subsection, all outstanding Revolving Loans and Van Xxxxxx Xxxior Floating Rate Fund shall Swing Line Loans and the Effective Amount of all L/C Obligations will be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofconsidered utilization. Such commitment fee shall accrue from the date of this second amended and restated Agreement hereof to the Commitment Termination Maturity Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14September 30, 1999 2009, through the Commitment Termination Maturity Date, with the final payment to be made on the Commitment Termination Maturity Date. All ; provided that, in connection with any reduction or termination of Revolving Loan Commitments under Section 2.06, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 Subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met. Notwithstanding the foregoing, no such fee shall be due and payable for any periods after the Agent declares the unpaid principal amount of all outstanding Loans to be due and payable pursuant to Subsection 9.02(b).

Appears in 2 contracts

Samples: Credit Agreement (North American Galvanizing & Coatings Inc), Credit Agreement (North American Galvanizing & Coatings Inc)

Commitment Fees. The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Lender a commitment fee (“Commitment Fee”) on the average daily unused portion of such Bank's Lender’s Revolving Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% at the Applicable Margin per annum. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this Section, the Revolving Loan Commitment shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible Effective Amount of Revolving Loans then outstanding, plus the Effective Amount of L/C Obligations then outstanding but excluding for its pro rata portion the purposes of calculating utilization under this Section the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofSwing Line Loans. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All ; provided that, in connection with any reduction or termination of Revolving Loan Commitment under Section 2.05, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.

Appears in 1 contract

Samples: Credit Agreement (CBIZ, Inc.)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank Lender a commitment fee (the "COMMITMENT FEE") on the average daily unused portion of such BankLender's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to 0.09% the percent per annumannum set forth in SCHEDULE 2.02 corresponding to the applicable pricing level determined in accordance therewith. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this subsection, the Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding, plus the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the date of this second amended and restated Agreement Execution Date to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December quarter commencing on June 1430, 1999 2002 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of ; 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 effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement date, including at any time during which one or more conditions in Article IV ARTICLE V are not met.

Appears in 1 contract

Samples: Credit Agreement (Giant Industries Inc)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the actual daily unused portion of such Bank's ’s Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible the applicable “Commitment Fee” set forth on the pricing grid attached as Annex I in accordance with the parameters for its pro rata portion calculation and adjustment of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower such Commitment Fee also set forth on any date of determination thereof. Annex I. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 1430, 1999 2005 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; 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 effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.

Appears in 1 contract

Samples: Credit Agreement (Mentor Graphics Corp)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank Lender a commitment fee (the "Commitment Fee") on the average daily unused portion of such BankLender's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to 0.09% the percent per annumannum set forth in the definition of Applicable Margin corresponding to the applicable pricing level determined in accordance therewith. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this subsection, the Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding, plus the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the date of this second amended and restated Agreement Execution Date to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December quarter commencing on June 14September 30, 1999 2005 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of ; 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 effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.

Appears in 1 contract

Samples: Credit Agreement (Giant Industries Inc)

Commitment Fees. The Borrowers shall Borrower agrees to pay on a several, and not on a joint, basis to the Agent for the ratable account of each Bank a commitment fee on the actual daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of amount set forth in the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofnext paragraph. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on (A) the last Business Day of the then-current calendar quarterperiod ending on March 31, with such quarterly payment being calculated 1999, (B) on the basis xxxx Xxxxxxxx Xxx of each calendar quarter commencing after March 31, 1999 and (C) on the Revolving Termination Date; provided that, in connection with any reduction or termination of Commitments under Section 2.5, the accrued commitment fee calculated for the period from ending on such date shall also be paid on the date of such reduction date to such quarterly payment dateor termination. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met. For the period from the Closing Date through the Business Day when the Agent receives the Borrower's Compliance Certificate for the fiscal quarter ending December 25, 1998, the Applicable Fee Amount will be 0.275%. Thereafter the Applicable Fee Amount shall be determined by the Agent from time to time in accordance with the pricing grid set forth in Schedule 2.8(e) based on the most recent Compliance Certificate of the Borrower delivered by the Borrower pursuant hereto. Such determinations shall apply from the first Business Day after the Agent receives such Compliance Certificate until and through the Business Day when the Agent receives the applicable Compliance Certificate for the next fiscal quarter as provided herein.

Appears in 1 contract

Samples: Credit Agreement (Storage Technology Corp)

Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender (except for Defaulting Lenders) a commitment fee on the actual daily unused portion of such Bank's Revolving Lender’s Commitment (the “Available Commitment”), computed on a quarterly monthly basis in arrears on the last Business Day of each calendar quarter month based upon the daily utilization for that quarter month as calculated by the Agent, Agent at a rate per annum equal to 0.09% per annumthe Applicable Fee Amount (such fees, the “Commitment Fees”). Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating the Available Commitment under this Section 2.10, the Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding plus the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee Commitment Fees shall accrue from the date of this second amended and restated Agreement Effective Date to the Commitment Termination Revolving Loan Maturity Date and shall be due and payable quarterly monthly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Termination Datecalendar month, with the final payment to be made on the Commitment Termination Revolving Loan Maturity Date. All accrued commitment fees to but not including the effective date of ; provided, that in connection with any termination of Commitments hereunder, the accrued Commitment Fees calculated for the period ending on such date shall also be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees Commitment Fees provided in this subsection Section 2.10(b) shall accrue at all times after the above-mentioned commencement dateEffective Date, including at any time during which one or more conditions in Article IV V are not met. Such fees are fully earned when due and, once paid, are non-refundable.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (BMC Stock Holdings, Inc.)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee (the “Commitment Fee”) on the average daily unused portion of such Bank's ’s Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Applicable Commitment Fee Rate. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this subsection, the Total Commitment shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding, plus the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchcalendar quarter, June, September and December commencing on June 14the first such quarterly date to occur after the Closing Date, 1999 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any reduction or termination of Commitments 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 effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement dateperiod, including at any time during which one or more conditions in Article IV V are not met.

Appears in 1 contract

Samples: Credit Agreement (New Horizons Worldwide Inc)

Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank Revolving Lender a commitment fee on the average daily unused portion of such BankRevolving Lender's CommitmentLoan Commitment (the "Commitment Fee"), computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent. At all times prior to the delivery of a Compliance Certificate pursuant to subsection 7.02(b) for the fiscal quarter ended March 31, 2003, the Commitment Fee shall be a per annum rate equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust 50.0 basis points and, at all times thereafter, the Commitment Fee shall be responsible a per annum rate equal to the Commitment Fee in effect at such time as determined by reference to the Pricing Grid attached hereto as Schedule 1.01 and the applicable Total Leverage Ratio for its pro rata portion the applicable period set forth in the most recent Compliance Certificate delivered pursuant to Section 7.02(b). For purposes of calculating utilization under this subsection 2.11(b), the Revolving Loan Commitments shall be deemed used to the extent of the commitment fee aggregate amount of Revolving Loans then outstanding plus the aggregate amount of L/C Obligations then outstanding and Van Xxxxxx Xxxior Floating Rate Fund shall not be responsible for its pro rata portion deemed used by a Lender's Pro Rata Share of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofSwing Line Loans. Such commitment fee shall accrue from the date of this second amended and restated Agreement hereof to the Commitment Revolving Loan Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14March 31, 1999 through the Commitment Termination Date2003, with the final payment to be made on the Commitment Revolving Loan Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees Commitment Fee provided in this subsection 2.11(b) shall accrue at all times after the above-mentioned commencement datedate hereof, including at any time during which one or more conditions in Article IV V are not met.

Appears in 1 contract

Samples: Credit Agreement (Commercial Vehicle Group, Inc.)

Commitment Fees. The Borrowers During the period from and including ---------------- the date of execution and delivery of this Agreement to but excluding the last day of the Revolving Loan Availability Period, the Borrower shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank the Lenders ratably in proportion to their Revolving Loan Commitments a commitment fee at the applicable rate specified below on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on average amount by which the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible for its pro rata portion aggregate amount of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion Revolving Loan Commitments exceeds the sum of the commitment fee based upon Letter of Credit Exposure and the relative net asset value aggregate outstanding principal amount of each Borrower on any date of determination thereofthe Revolving Loans. Such commitment fee shall accrue at the rate of (i) 0.25% per annum during any Level I Pricing Period, (ii) 0.375% per annum during any Level II Pricing Period, (iii) 0.4375% per annum during any Level III Pricing Period or (iv) 0.50% at all other times. If the rate at which the commitment fee accrues shall change, the daily average amount referred to above shall be determined separately for the periods before and after such change. During the period from and including the date of execution and delivery of this second amended and restated Agreement to but excluding the Commitment Termination Effective Date or earlier termination of the Term Commitments, the Borrower shall pay to the Agent for the account of the Lenders ratably in proportion to their Term Commitments a commitment fee at the rate of 0.50% per annum on the amount of their respective Term Commitments. All such commitment fees shall accrue from and including the date of execution and delivery of this Agreement to but excluding, in the case of the Term Commitments, the Effective Date or earlier termination of the Term Commitments, or, in the case of the Revolving Loan Commitments, the last day of the Revolving Loan Availability Period. Accrued commitment fees under this paragraph shall be calculated by the Agent as of the Effective Date, as of each Quarterly Payment Date and as of the date of termination of the Revolving Loan Commitments in their entirety. The Agent shall make such calculation and notify the Borrower of the amount so calculated within three Domestic Business Days after each date as of which such calculation is so required, and such fees shall be due and payable quarterly in arrears on by the last Business Day Borrower upon receipt of each Marchsuch notice, June, September and December commencing on June 14, 1999 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued except that commitment fees accrued prior to but not including the effective date of Effective Date or any earlier termination of the Commitments shall be paid payable on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.

Appears in 1 contract

Samples: Credit Agreement (Brylane Inc)

Commitment Fees. The Borrowers shall Borrower agrees to pay on a several, and not on a joint, basis to the Agent for the ratable account of each Bank a commitment fee on the actual daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofApplicable Fee Amount. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on (A) the last Business Day of the period ending on Marcx 00, 0000, (X) xx the last Business Day of each Marchcalendar quarter commencing after March 31, June, September 2000 and December commencing (C) on June 14, 1999 through the Commitment Revolving Termination Date; provided that, in connection with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any reduction or termination of Commitments under Section 2.5 or 2.7, the accrued commitment fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met. For the period from the Closing Date through the Business Day when the Agent receives the Borrower's Compliance Certificate for the fiscal quarter ending December 31, 1999, the Applicable Fee Amount will be 0.50%. Thereafter the Applicable Fee Amount shall be determined by the Agent from time to time in accordance with the pricing grid set forth in Schedule 2.9(e) based on the most recent Compliance Certificate of the Borrower delivered by the Borrower pursuant hereto. Such determinations shall apply from the first Business Day after the Agent receives such Compliance Certificate until and through the Business Day when the Agent receives the applicable Compliance Certificate for the next fiscal quarter as provided herein.

Appears in 1 contract

Samples: Credit Agreement (Storage Technology Corp)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on Unused Commitment (the last Business Day of "Commitment Fee"). The Commitment Fee for each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust Bank shall be responsible for its pro rata portion computed daily at the applicable per annum rate set forth on Schedule 2.9 on such Bank's Unused Commitment. As used herein, each Bank's "Unused Commitment" shall mean such Bank's Commitment less the sum of the commitment fee then-outstanding principal balance of such Bank Loans (other than Swingline Loans) and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion such Bank's Pro Rata Share of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofthen outstanding L/C Obligations. Such commitment fee Commitment Fees shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December fiscal quarter commencing on June 14April 30, 1999 2000 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any reduction or termination of Commitments under Section 2.6, the accrued Commitment Fees calculated for the period ending on such date also shall be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 the above-mentioned commencement dateClosing Date, including at any time during which one or more conditions in Article IV 5 are not met.

Appears in 1 contract

Samples: Credit Agreement (Longview Fibre Co)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent Agent, for the account of each Bank in accordance with its Pro Rata Share, a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible the product of (i) the Applicable Margin for its pro rata portion of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion times (ii) the actual daily amount by which the total Commitments of all Banks exceed the commitment fee based upon the relative net asset value outstanding principal of each Borrower on any date of determination thereofall Loans. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each MarchFebruary, JuneMay, September August and December November commencing on June 14August 31, 1999 2011 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; 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 effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment date. If there is any change in the Applicable Margin for the commitment fee during any quarter, the actual daily amount shall be computed and multiplied by the Applicable Margin for the commitment fee separately for each period during such quarter that such Applicable Margin for the commitment fee was in effect. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.

Appears in 1 contract

Samples: Credit Agreement (Mentor Graphics Corp)

Commitment Fees. The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Lender a commitment fee (“Commitment Fee”) on the average daily unused portion of such Bank's Lender’s Revolving Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% at the Applicable Margin per annum. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this Section, the Revolving Loan Commitment shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible Effective Amount of Revolving Loans then outstanding, plus the Effective Amount of L/C Obligations then outstanding but excluding for its pro rata portion the purposes of calculating utilization under this Section the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofSwing Line Loans. Such commitment fee Commitment Fee shall accrue from the date of this second amended and restated Agreement Restatement Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any reduction or termination of Commitments 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 effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.

Appears in 1 contract

Samples: Credit Agreement (CBIZ, Inc.)

Commitment Fees. The Borrowers Subject to the Allocation Notice requirements of Section 2.14(a), each Fund shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the average daily unused portion of such Bank's CommitmentCommitments, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% eight one-hundredths of one percent (0.08%) per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible for its pro rata portion For purposes of calculation of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund under this Section 2.9(b), outstanding Swing Loans shall not be responsible for its pro rata portion of deemed as Loan usage under the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofBanks' Commitments. Such commitment fee shall accrue from the date of this second amended and restated Agreement Refinancing Date to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Termination DateDecember, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.

Appears in 1 contract

Samples: Credit Agreement (Liberty Funds Trust Iii)

Commitment Fees. The Borrowers shall In addition to certain fees described in Section 3.8, the Borrower agrees to pay on a several, and not on a joint, basis to the Agent for the ratable account of each Bank a commitment fee on the average daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe amount set forth in the next paragraph. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculation of such unused portion of a Bank's Commitment, (i) the making of any Swingline Loans shall not be responsible for its pro rata considered a use of a portion of the commitment fee Swingline Bank's Commitment, and Van Xxxxxx Xxxior Floating Rate Fund (ii) each Bank's Commitment shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower considered used on any date to the extent of determination thereofits participation on such date in any Letter of Credit and any L/C Advance made by it (exclusive of any Swingline Loans). Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on (A) the last Business Day of the period ending on December 31, 1997, (B) on the last Business Day of each Marchcalendar quarter commencing after December 31, June, September 1997 and December commencing (C) on June 14, 1999 through the Commitment Revolving Termination Date; provided that, in connection with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any reduction or termination of 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 effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.

Appears in 1 contract

Samples: Credit Agreement (Storage Technology Corp)

Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. For the avoidance of doubt, the contingent obligation of a Bank to pay funds to BofA in respect of a Swing Loan that may convert to a Federal Funds Rate Loan as provided in Section 2.16 shall not be considered use of such Borrower's Commitment. Van Xxxxxx Xxxme Kampen Prime Rate Income Trust shall be responsible for its pro rata portion xxxx xxxxion of the commitment fee and Van Xxxxxx Xxxior Kampen Senior Floating Rate Fund shall be responsible for its pro rata portion pxx xxxx xxrtion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second third amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14September 13, 1999 2000 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.

Appears in 1 contract

Samples: Credit Agreement (Van Kampen Senior Floating Rate Fund)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee (the "Commitment Fee") on the average daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Applicable Margin for Commitment Fee from time to time in effect. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this subsection, the Combined Commitment shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding, plus the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each Marchcalendar quarter, June, September and December commencing on June 14the first such quarterly date to occur after the Closing Date, 1999 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any reduction or termination of Commitments Combined 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 effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement dateperiod, including at any time during which one or more conditions in Article IV V are not met.

Appears in 1 contract

Samples: Credit Agreement (Material Sciences Corp)

Commitment Fees. The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Administrative --------------- Agent for the account of each Bank a commitment fee on the average daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, at a rate per annum equal to 0.09% per annumthe Applicable Amount for the commitment fee. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this Section, the Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Loans then outstanding, plus the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date L/C Obligations (excluding L/C Obligations relating to commercial Letters of determination thereofCredit) then outstanding. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Termination Maturity Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14, 1999 the first such date after the Closing Date through the Commitment Termination Maturity Date, with the final payment to be made on the Commitment Termination Maturity Date. All accrued commitment fees to but not including the effective date of ; 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 effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-above- mentioned commencement date, including at any time during which one or more conditions in Article IV Section 5 are not met.

Appears in 1 contract

Samples: Credit Agreement (U S Rentals Inc)

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Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender (except for Defaulting Lenders) a commitment fee on the actual daily unused portion of such Bank's Revolving Lender’s Commitment (the “Available Commitment”), computed on a quarterly monthly basis in arrears on the last Business Day first calendar day of each calendar quarter month based upon the daily utilization for that quarter month as calculated by the Agent, Agent at a rate per annum equal to 0.09% per annumthe Applicable Fee Amount (such fees, the “Commitment Fees”). Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating the Available Commitment under this Section 2.10, the Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding plus the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee Commitment Fees shall accrue from the date of this second amended and restated Agreement Effective Date to the Commitment Termination Revolving Loan Maturity Date and shall be due and payable quarterly monthly in arrears on the last Business Day first calendar day of each March, June, September and December commencing on June 14, 1999 through the Commitment Termination Datecalendar month, with the final payment to be made on the Commitment Termination Revolving Loan Maturity Date. All accrued commitment fees to but not including the effective date of ; provided, that in connection with any termination of Commitments hereunder, the accrued Commitment Fees calculated for the period ending on such date shall also be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees Commitment Fees provided in this subsection Section 2.10(b) shall accrue at all times after the above-mentioned commencement dateEffective Date, including at any time during which one or more conditions in Article IV V are not met. Such fees are fully earned when due and, once paid, are non-refundable.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (BMC Stock Holdings, Inc.)

Commitment Fees. The Borrowers Fund shall pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank a commitment fee on the average daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to 0.090.125% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible for its pro rata portion ; PROVIDED that, during that period of time in which the Commitment Amount exceeds the Borrowing Base, the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion accrue at a rate of 0.0625% per annum on an amount equal to the commitment fee based upon Commitment Amount minus the relative net asset value of each Borrower on any date of determination thereofBorrowing Base. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14March 31, 1999 2000 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of ; PROVIDED that, in connection with any reduction or termination of Commitments under SECTION 2.5, the accrued commitment fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 from and including the above-mentioned commencement date, including at any time during which one or more conditions in Article ARTICLE IV are not met.

Appears in 1 contract

Samples: Credit Agreement (Liberty Floating Rate Advantage Fund)

Commitment Fees. The Borrowers shall Borrower agrees to pay on a severalto Administrative Agent, and not on a jointfor distribution to each Revolving Lender in proportion to that Lender’s Pro Rata Share, basis to the Agent commitment fees for the account of each Bank a commitment fee on period from and including the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on Closing Date to and excluding the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second amended and restated Agreement to the Revolving Loan Commitment Termination Date equal to the average of the daily excess of the Revolving Loan Commitment Amount over the aggregate principal amount of outstanding Revolving Loans and shall Swing Line Loans multiplied by a rate per annum equal to the percentage set forth for the “Commitment Fee” in the table in Section 2.2A above opposite the Consolidated Total Funded Debt to EBITDAP Ratio for the four Fiscal Quarter period for which the applicable Compliance Certificate has been delivered pursuant to subsection 6.1(viii), such commitment fees to be due calculated on the basis of a 360-day year and the actual number of days elapsed and to be payable quarterly in arrears on the last Business Day day of each calendar quarter (i.e., the last day of December, March, JuneJune and September) of each year, September and December commencing on June 14the first such date to occur after the Closing Date, 1999 through and on the Revolving Loan Commitment Termination Date; provided that for the first six months after the Closing Date, the applicable commitment fee percentage shall be 0.25% per annum. Upon delivery of the Compliance Certificate by Borrower to Administrative Agent pursuant to subsection 6.1(viii), the applicable commitment fee percentage shall automatically be adjusted in accordance with the final payment such Compliance Certificate, such adjustment to be made become effective on the Commitment Termination Date. All accrued commitment fees to but not including next succeeding Business Day following the effective date of any termination of Commitments shall be paid on the effective date receipt by Administrative Agent of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarterCompliance Certificate; provided that, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including if at any time during which one or more conditions a Compliance Certificate is not delivered at the time required pursuant to subsection 6.1(viii), from the time such Compliance Certificate was required to be delivered until delivery of such Compliance Certificate, the applicable commitment fee percentage shall be the maximum percentage amount set forth in Article IV are the table in Section 2.2A above. Notwithstanding the foregoing, all commitment fees otherwise payable for the account of a Defaulting Lender shall not metbe payable in accordance with Section 2.9A(iii).

Appears in 1 contract

Samples: Credit Agreement (Unified Grocers, Inc.)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender a commitment fee on the average daily unused portion of such BankRevolving Lender's Loan Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Applicable Commitment Fee Percentage. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this subsection, the Revolving Loan Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding (excluding any outstanding Swing Line Loans), plus the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee shall accrue from the date of this second amended and restated Agreement hereof to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14March 31, 1999 1998 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All ; provided that, in connection with any reduction or termination of Revolving Loan Commitments under Section 2.05 or Section 2.07, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Truck Corp)

Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.090.11% per annum. For the avoidance of doubt, the contingent obligation of a Bank to pay funds to BofA in respect of a Swing Loan that may convert to a Federal Funds Rate Loan as provided in Section 2.16 shall not be considered use of such Borrower's Commitment. Van Xxxxxx Xxxme Kampen Prime Rate Income Trust shall be responsible for its pro fox xxx xxx rata portion of the commitment fee and Van Xxxxxx Xxxior Kampen Senior Floating Rate Fund shall be responsible for its pro rata xxx xxx xxx xxxx portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second fourth amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14November 9, 1999 2001 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.

Appears in 1 contract

Samples: Credit Agreement (Van Kampen Prime Rate Income Trust)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the average daily unused portion of such Bank's Commitment and its Pro Rata Share of the Term Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09.50% percent per annum. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this Section, (x) the Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee Effective Amount of Revolving Loans then outstanding, plus the Effective Amount of L/C Obligations then outstanding and Van Xxxxxx Xxxior Floating Rate Fund (y) the Term Commitment shall be responsible for its pro rata portion deemed used to the extent of the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofTerm Loans. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14, 1999 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; PROVIDED that, (x) in connection with any reduction or termination of Commitments or the available Term Commitment, as the case may be, under Section 2.05, the accrued commitment fee calculated for the period ending on such date shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction or termination date to such quarterly payment datedate and (y) accrued commitment fees with respect to the available Term Commitment shall be due and payable on the Nordic Acquisition Date. The commitment fees provided in this subsection Section shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.

Appears in 1 contract

Samples: Credit Agreement (Waterlink Inc)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender a commitment fee on the average daily unused portion of such Bank's Revolving Lender’s Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Applicable Commitment Fee Percentage. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this subsection, the Revolving Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion Dollar Equivalent principal amount of Revolving Loans then outstanding (excluding any outstanding Swing Line Loans), plus the Dollar Equivalent principal amount of the commitment fee based upon Fronted Offshore Currency Loans then outstanding plus the relative net asset value amount of each Borrower on any date of determination thereofall L/C Obligations then outstanding. Such commitment fee shall accrue from the date of this second amended and restated Agreement Effective Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14December 31, 1999 2006 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All ; provided that, in connection with any reduction or termination of Revolving Commitments under Section 2.09, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Truck Corp)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the actual daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible the applicable "Commitment Fee" set forth on the pricing grid attached as Annex I in accordance with the parameters for its pro rata portion calculation and adjustment of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower such Commitment Fee also set forth on any date of determination thereof. Annex I. Such commitment fee shall accrue from the date of this second amended and restated Agreement Bridge Termination Effective Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14, 1999 the last day of the first full calendar quarter following the Bridge Termination Effective Date through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; 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 effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met." (1) Section 2.09 of the Credit Agreement is hereby amended by adding the following as new subsection 2.09(c) thereof:

Appears in 1 contract

Samples: Credit Agreement (Mentor Graphics Corp)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Administrative Agent for the account of each Bank Lender a commitment fee (the "COMMITMENT FEE") on the average daily unused portion of such BankLender's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Administrative Agent, equal to 0.09% the percent per annumannum set forth in SCHEDULE 2.02 corresponding to the applicable pricing level determined in accordance therewith. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this subsection, the Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion Effective Amount of Revolving Loans then outstanding, plus the commitment fee based upon the relative net asset value Effective Amount of each Borrower on any date of determination thereofL/C Obligations then outstanding. Such commitment fee Commitment Fee shall accrue from the date of this second amended and restated Agreement Execution Date to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December quarter commencing on June 14December 31, 1999 2001 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of ; 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 effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement date, including at any time during which one or more conditions in Article IV ARTICLE V are not met.

Appears in 1 contract

Samples: Credit Agreement (Giant Industries Inc)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Lender a commitment fee on the actual daily unused portion of such BankLender's Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09(i) 0.50% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible annum for its pro rata portion of the commitment fee period from and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of including the commitment fee based upon Closing Date through the relative net asset value of each Borrower on any date of determination first anniversary thereof, and (ii) a rate per annum equal to the Applicable Fee Amount thereafter. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14December 31, 1999 1998 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; provided that, in connection with any 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 effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such the following quarterly payment being calculated on the basis of the period from such reduction termination date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.

Appears in 1 contract

Samples: Credit Agreement (Eps Solutions Corp)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender a commitment fee on the average daily unused portion of such Bank's Revolving Lender’s Revolving Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe Applicable Commitment Fee Percentage. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this subsection, the Revolving Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion Dollar Equivalent principal amount of Revolving Loans then outstanding (excluding any outstanding Swing Line Loans), plus the Dollar Equivalent principal amount of the commitment fee based upon Fronted Offshore Currency Loans then outstanding plus the relative net asset value amount of each Borrower on any date of determination thereofall L/C Obligations then outstanding. Such commitment fee shall accrue from the date of this second amended and restated Agreement Effective Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14December 31, 1999 2004 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All ; provided that, in connection with any reduction or termination of Revolving Commitments under Section 2.09, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement date, including at any time during which one or more conditions in Article IV V are not met.

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Truck Corp)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee of the Applicable Commitment Fee Percentage per annum on the average daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on as of the last Business Day end of each calendar quarter in arrears based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day fifteenth day after the end of each March, June, September and December commencing on June 14, 1999 calendar quarter through the Commitment Termination Date, with the first payment due on January 16, 1996 and the final payment to be made on the Commitment Termination Date. All ; provided, however, that, (i) in connection with any reduction of Commitments pursuant to Section 2.09, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarterreduction, with such the next succeeding quarterly payment being calculated on the basis of the period from such the reduction date to the end of the quarter in which such quarterly payment datereduction occurs and (ii) in connection with any termination of the Commitments pursuant to Section 2.09 or Article VIII, the accrued commitment fee shall be paid on the date on which the termination takes place. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement dateClosing Date, including at any time during which one or more conditions in Article IV are not met. For purposes of calculating the commitment fee, the principal amount of outstanding Committed Loans and the Stated Amount of outstanding Letters of Credit shall be deemed utilization of the Commitments, but the principal amount of outstanding Bid Loans shall not be deemed utilization of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Ceridian Corp)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the actual daily unused portion of such Bank's ’s Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible the applicable “Commitment Fee” set forth on the pricing grid attached as Annex I in accordance with the parameters for its pro rata portion calculation and adjustment of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower such Commitment Fee also set forth on any date of determination thereof. Annex I. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Revolving Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December calendar quarter commencing on June 14September 30, 1999 2003 through the Commitment Revolving Termination Date, with the final payment to be made on the Commitment Revolving Termination Date. All accrued commitment fees to but not including the effective date of ; 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 effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.

Appears in 1 contract

Samples: Credit Agreement (Mentor Graphics Corp)

Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent (a) As additional compensation for the account of each Facility A Commitment on the revolving basis provided for herein, the Borrower agrees to pay the Bank a commitment fee for the Facility A Commitment Period at the rate of .25% per annum on the average daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofFacility A Commitment hereunder. Such commitment fee shall accrue from the date of this second amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears quarterly, on the last Business Day day of each March, June, June September and December during the Facility A Commitment Period, commencing on June 14September 30, 1999 through the Commitment Termination Date1998, with the final payment to be made and on the Commitment Facility A Termination Date. All accrued If the Borrower fails to pay any such amount to the Bank when due the amount of such defaulted payment shall bear interest from the date when due until (but excluding) the date when paid at the Post-Default Rate. The obligation so to pay interest shall not be construed so as to waive the requirement to pay the commitment fees as hereinabove set forth. (b) As additional compensation for the Facility B Commitment on the revolving basis provided for herein, the Borrower agrees to but not including pay the effective date Bank a commitment fee for the Facility B Commitment Period at the rate of any termination .20% per annum on the average daily unused portion of Commitments the Facility B Commitment hereunder. Such commitment fee shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid payable quarterly, on the last Business Day day of each March, June September and December during the then-current calendar quarterFacility B Commitment Period, with such quarterly payment being calculated commencing September 30, 1998, and on the basis Facility B Termination Date. If the Borrower fails to pay any such amount to the Bank when due the amount of such defaulted payment shall bear interest from the period from such reduction date to such quarterly payment datewhen due until (but excluding) the date when paid at the Post-Default Rate. The obligation so to pay interest shall not be construed so as to waive the requirement to pay the commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not metas hereinabove set forth.

Appears in 1 contract

Samples: Loan Agreement (Integramed America Inc)

Commitment Fees. The Borrowers Company shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank Revolving Lender a commitment fee ("COMMITMENT FEE") on the average daily unused portion of such BankLender's Commitment, Commitment computed on a quarterly basis in arrears on the last Business Day of each calendar quarter October, January, April and July based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annumthe applicable Commitment Fee as specified in the definition of Applicable Margin. Van Xxxxxx Xxxme Rate Income Trust For purposes of calculating utilization under this Section, the Commitments shall be responsible for its pro rata portion deemed used to the extent of the commitment fee Effective Amount of Revolving Loans then outstanding PLUS the Effective Amount of L/C Obligations then outstanding and Van Xxxxxx Xxxior Floating Rate Fund shall not be responsible for its pro rata portion deemed used by a Revolving Lender's Pro Rata Share of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereofSwing Line Loans or Canadian Revolving Loans. Such commitment fee shall accrue from the date of this second amended and restated Agreement Closing Date to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each MarchOctober, JuneJanuary, September April and December commencing on June 14, 1999 July through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All ; PROVIDED that, in connection with any reduction or termination of Commitments, as the case may be, under SECTION 2.08, the accrued commitment fees to but not including fee calculated for the effective period ending on such date of any termination of Commitments shall also be paid on the effective date of such reduction or termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such 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 above-mentioned commencement date, including at any time during which one or more conditions in Article IV ARTICLE V are not met.

Appears in 1 contract

Samples: Credit Agreement (Abc Rail Products Corp)

Commitment Fees. The Borrowers shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the daily unused portion of such Bank's Commitment, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.09% per annum. For the avoidance of doubt, the contingent obligation of a Bank to pay funds to BofA in respect of a Swing Loan that may convert to a Federal Funds Rate Loan as provided in Section 2.16 shall not be considered use of such Borrower's Commitment. Van Xxxxxx Xxxme Xxime Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van Xxxxxx Xxxior Xxnior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second third amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 14September 13, 1999 2000 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.

Appears in 1 contract

Samples: Credit Agreement (Van Kampen Prime Rate Income Trust)

Commitment Fees. The Borrowers Borrower shall pay on a several, and not on a joint, basis to the Agent for the account of each Bank a commitment fee on the average daily unused portion of such Bank's CommitmentCommitments, computed on a quarterly basis in arrears on the last Business Day of each calendar quarter based upon the daily utilization for that quarter as calculated by the Agent, equal to 0.090.065% per annum. Van Xxxxxx Xxxme Rate Income Trust shall be responsible for its pro rata portion of the commitment fee and Van Xxxxxx Xxxior Floating Rate Fund shall be responsible for its pro rata portion of the commitment fee based upon the relative net asset value of each Borrower on any date of determination thereof. Such commitment fee shall accrue from the date of this second amended and restated Agreement to the Commitment Termination Date and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December commencing on June 1430, 1999 1997 through the Commitment Termination Date, with the final payment to be made on the Commitment Termination Date. All accrued commitment fees to but not including the effective date of any termination of Commitments shall be paid on the effective date of such termination. All accrued commitment fees to but not including the effective date of any reduction of Commitments shall be paid on the last Business Day of the then-current calendar quarter, with such quarterly payment being calculated on the basis of the period from such reduction date to such quarterly payment date. The commitment fees provided in this subsection shall accrue at all times after the above-mentioned commencement date, including at any time during which one or more conditions in Article IV are not met.

Appears in 1 contract

Samples: Credit Agreement (Van Kampen American Capital Prime Rate Income Trust)

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