Common use of Commitment, Ticking and other Fees Clause in Contracts

Commitment, Ticking and other Fees. (a) The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender a commitment fee payable in Dollars at the rate equal to 0.25% per annum (subject to change as set forth below) on the average unused daily amount of the Revolving Credit Commitment of such Lender (the “Commitment Fee”), commencing on the Replacement Facilities Effective Date, in arrears on the last Business Day of each March, June, September and December and upon the termination in full of the Revolving Credit Commitments. The Commitment Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Execution Date as set forth in the definition of Applicable Margin. For purposes of calculating the Commitment Fee only, Swing Loans shall not count as usage of the Revolving Credit Commitment. (b) The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender on a pro rata basis in accordance with such Lender’s Delayed Draw Term A Commitments, a ticking fee payable in Dollars which shall accrue in an amount equal to 0.25% per annum (subject to change as set forth below) on the aggregate outstanding amount of the Delayed Draw Term A Commitment of such Lender (the “Delayed Draw Term A Ticking Fee”) during the period from and including the date that is 61 days after November 23, 2015 until the termination in full of the Lenders’ Delayed Draw Term A Commitments, and shall be payable quarterly in arrears on the last Business Day of each March, June, September and December, during such period and upon the termination in full of such Lenders’ Delayed Draw Term A Commitments. The Delayed Draw Term A Ticking Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Execution Date as set forth in the definition of Applicable Margin. (c) The Company agrees to pay to the Administrative Agent and the Arrangers such other fees as separately agreed to in writing by the Company and such Persons and/or their applicable Affiliates.

Appears in 3 contracts

Samples: Credit Agreement (Diebold Inc), Credit Agreement (Diebold Inc), Credit Agreement (Diebold Inc)

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Commitment, Ticking and other Fees. (a) The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender a commitment fee payable in Dollars at the rate equal to 0.25% per annum (subject to change as set forth below) on the average unused daily amount of the Revolving Credit 509265-1946-Active.21307007.121307007.7 Commitment of such Lender (the “Commitment Fee”), commencing on the Replacement Facilities Effective Date, in arrears on the last Business Day of each March, June, September and December and upon the termination in full of the Revolving Credit Commitments. The Commitment Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Execution Date as set forth in the definition of Applicable Margin. For purposes of calculating the Commitment Fee only, Swing Loans shall not count as usage of the Revolving Credit Commitment. (b) The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender on a pro rata basis in accordance with such Lender’s Delayed Draw Term A Commitments, a ticking fee payable in Dollars which shall accrue in an amount equal to 0.25% per annum (subject to change as set forth below) on the aggregate outstanding amount of the Delayed Draw Term A Commitment of such Lender (the “Delayed Draw Term A Ticking Fee”) during the period from and including the date that is 61 days after November 23, 2015 until the termination in full of the Lenders’ Delayed Draw Term A Commitments, and shall be payable quarterly in arrears on the last Business Day of each March, June, September and December, during such period and upon the termination in full of such Lenders’ Delayed Draw Term A Commitments. The Delayed Draw Term A Ticking Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Execution Date as set forth in the definition of Applicable Margin. (c) The Company agrees to pay to the Administrative Agent and the Arrangers such other fees as separately agreed to in writing by the Company and such Persons and/or their applicable Affiliates.

Appears in 1 contract

Samples: Incremental Amendment (DIEBOLD NIXDORF, Inc)

Commitment, Ticking and other Fees. (a) The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender a commitment fee payable in Dollars at the rate equal to 0.25% per annum (subject to change as set forth below) on the average unused daily amount of the 2020 Revolving Credit Commitment of such Lender (the “2020 Commitment Fee”), commencing on the Replacement Facilities Effective Date, in arrears on the last Business Day of each March, June, September and December and upon the termination in full of the 2020 Revolving Credit Commitments. The 2020 Commitment Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Execution Date as set forth in the definition of Applicable Margin. For purposes of calculating the 2020 Commitment Fee only, Swing Loans shall not count as usage of the 2020 Revolving Credit Commitment. The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender a commitment fee payable in Dollars at the rate equal to 0.50% per annum (subject to change as set forth below) on the average unused daily amount of the 2022 Revolving Credit Commitment of such Lender (the “2022 Commitment Fee”), commencing on the Seventh Amendment Effective Date, in arrears on the last Business Day of each March, June, September and December and upon the termination in full of the 2022 Revolving Credit Commitments. The 2022 Commitment Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Seventh Amendment Effective Dateended June 30, 2020 as set forth in the definition of Applicable Margin. For purposes of calculating the 2022 Commitment Fee only, Swing Loans shall not count as usage of the 2022 Revolving Credit Commitment. The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender a commitment fee payable in Dollars at the rate equal to 0.50% per annum (subject to change as set forth below) on the average unused daily amount of the 2023 Revolving Credit Commitment of such Lender (the “2023 Commitment Fee”), commencing on the Ninth Amendment Effective Date, in arrears on the last Business Day of each March, June, September and December and upon the termination in full of the 2023 Revolving Credit Commitments. The 2023 Commitment Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the fiscal quarter ended June 30, 2020 as set forth in the definition of Applicable Margin. For purposes of calculating the 2023 Commitment Fee only, Swing Loans shall not count as usage of the 2023 Revolving Credit Commitment. (b) The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender on a pro rata basis in accordance with such Lender’s Delayed Draw Term A Commitments, a ticking fee payable in Dollars which shall accrue in an amount equal to 0.25% per annum (subject to change as set forth below) on the aggregate outstanding amount of the Delayed Draw Term A Commitment of such Lender (the “Delayed Draw Term A Ticking Fee”) during the period from and including the date that is 61 days after November 23, 2015 until the termination in full of the Lenders’ Delayed Draw Term A Commitments, and shall be payable quarterly in arrears on the last Business Day of each March, June, September and December, during such period and upon the termination in full of such Lenders’ Delayed Draw Term A Commitments. The Delayed Draw Term A Ticking Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Execution Date as set forth in the definition of Applicable Margin. (c) The Company agrees to pay to the Administrative Agent and the Arrangers such other fees as separately agreed to in writing by the Company and such Persons and/or their applicable Affiliates. (d) The Company agrees to pay to the Administrative Agent, for the account of the Term A-1 Lenders, the fees described in this clause to the extent such fees are applicable (as so described). In the event of a waiver of a Financial Covenant Default or amendment of Sections 6.22 and/or 6.23 and/or related definitions by the Required TLA/RC Lenders during the Covenant Holiday Period in connection with which fees are paid to the Revolving Credit Lenders and Term A Lenders or the all-in-yield of the Revolving Credit Facility or Term Loan A Facility increases (including through the payment of fees or other payment consideration to such Revolving Credit Lenders and Term A Lenders), the Company agrees to pay each Term A-1 Lender a proportional amount of such fees and yield increases. (e) The Company agrees to pay or cause to be paid to the Initial TLA-1 Principal Lenders the fees described in the Term A-1 Commitment Letter.

Appears in 1 contract

Samples: Credit Agreement (DIEBOLD NIXDORF, Inc)

Commitment, Ticking and other Fees. (a) The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender a commitment fee payable in Dollars at the rate equal to 0.25% per annum (subject to change as set forth below) on the average unused daily amount of the 2020 Revolving Credit Commitment of such Lender (the “2020 Commitment Fee”), commencing on the Replacement Facilities Effective Date, in arrears on the last Business Day of each March, June, September and December and upon the termination in full of the 2020 Revolving Credit Commitments. The 2020 Commitment Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Execution Date as set forth in the definition of Applicable Margin. For purposes of calculating the 2020 Commitment Fee only, Swing Loans shall not count as usage of the 2020 Revolving Credit Commitment. The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender a commitment fee payable in Dollars at the rate equal to 0.50% per annum (subject to change as set forth below) on the average unused daily amount of the 2022 Revolving Credit Commitment of such Lender (the “2022 Commitment Fee”), commencing on the Seventh Amendment Effective Date, in arrears on the last Business Day of each March, June, September and December and upon the termination in full of the 2022 Revolving Credit Commitments. The 2022 Commitment Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Seventh Amendment Effective Date as set forth in the definition of Applicable Margin. For purposes of calculating the 2022 Commitment Fee only, Swing Loans shall not count as usage of the 2022 Revolving Credit Commitment. (b) The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender on a pro rata basis in accordance with such Lender’s Delayed Draw Term A Commitments, a ticking fee payable in Dollars which shall accrue in an amount equal to 0.25% per annum (subject to change as set forth below) on the aggregate outstanding amount of the Delayed Draw Term A Commitment of such Lender (the “Delayed Draw Term A Ticking Fee”) during the period from and including the date that is 61 days after November 23, 2015 until the termination in full of the Lenders’ Delayed Draw Term A Commitments, and shall be payable quarterly in arrears on the last Business Day of each March, June, September and December, during such period and upon the termination in full of such Lenders’ Delayed Draw Term A Commitments. The Delayed Draw Term A Ticking Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Execution Date as set forth in the definition of Applicable Margin. (c) The Company agrees to pay to the Administrative Agent and the Arrangers such other fees as separately agreed to in writing by the Company and such Persons and/or their applicable Affiliates. (d) The Company agrees to pay to the Administrative Agent, for the account of the Term A-1 Lenders, the fees described in this clause to the extent such fees are applicable (as so described). In the event of a waiver of a Financial Covenant Default or amendment of Sections 6.22 and/or 6.23 and/or related definitions by the Required TLA/RC Lenders during the Covenant Holiday Period in connection with which fees are paid to the Revolving Credit Lenders and Term A Lenders or the all-in-yield of the Revolving Credit Facility or Term Loan A Facility increases (including through the payment of fees or other payment consideration to such Revolving Credit Lenders and Term A Lenders), the Company agrees to pay each Term A-1 Lender a proportional amount of such fees and yield increases. (e) The Company agrees to pay or cause to be paid to the Initial TLA-1 Principal Lenders the fees described in the Term A-1 Commitment Letter.

Appears in 1 contract

Samples: Credit Agreement (DIEBOLD NIXDORF, Inc)

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Commitment, Ticking and other Fees. (a) The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender a commitment fee payable in Dollars at the rate equal to 0.25% per annum (subject to change as set forth below) on the average unused daily amount of the 2020 Revolving Credit Commitment of such Lender (the “2020 Commitment Fee”), commencing on the Replacement Facilities Effective Date, in arrears on the last Business Day of each March, June, September and December and upon the termination in full of the 2020 Revolving Credit Commitments. The 2020 Commitment Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Execution Date as set forth in the definition of Applicable Margin. For purposes of calculating the 2020 Commitment Fee only, Swing Loans shall not count as usage of the 2020 Revolving Credit Commitment. (b) . The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender on a pro rata basis in accordance with such Lender’s Delayed Draw Term A Commitments, a ticking commitment fee payable in Dollars which shall accrue in an amount at the rate equal to 0.250.50% per annum (subject to change as set forth below) on the aggregate outstanding average unused daily amount of the Delayed Draw Term A 2022 Revolving Credit Commitment of such Lender (the “Delayed Draw Term A Ticking Fee”) during g2022 Commitment Fee”h), commencing on the period from and including the date that is 61 days after November 23Seventh Amendment Effective Date, 2015 until the termination in full of the Lenders’ Delayed Draw Term A Commitments, and shall be payable quarterly in arrears on the last Business Day of each March, June, September and December, during such period December and upon the termination in full of such Lenders’ Delayed Draw Term A the 2022 Revolving Credit Commitments. The Delayed Draw Term A Ticking 2022 Commitment Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Execution Seventh Amendment Effective Date as set forth in the definition of Applicable Margin. For purposes of calculating the 2022 Commitment Fee only, Swing Loans shall not count as usage of the 2022 Revolving Credit Commitment. (c) The Company agrees to pay to the Administrative Agent and the Arrangers such other fees as separately agreed to in writing by the Company and such Persons and/or their applicable Affiliates.

Appears in 1 contract

Samples: Credit Agreement (DIEBOLD NIXDORF, Inc)

Commitment, Ticking and other Fees. (a) The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender a commitment fee payable in Dollars at the rate equal to 0.25% per annum (subject to change as set forth below) on the average unused daily amount of the Revolving Credit Commitment of such Lender (the “Commitment Fee”), commencing on the Replacement Facilities Effective Date, in arrears on the last Business Day of each March, June, September and December and upon the termination in full of the Revolving Credit Commitments. The Commitment Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Execution Date as set forth in the definition of Applicable Margin. For purposes of calculating the Commitment Fee only, Swing Loans shall not count as usage of the Revolving Credit Commitment. (b) The Company agrees to pay or cause to be paid to the Administrative Agent for the account of each Lender on a pro rata basis in accordance with such Lender’s Delayed Draw Term A Commitments, a ticking fee payable in Dollars which shall accrue in an amount equal to 0.25% per annum (subject to change as set forth below) on the aggregate outstanding amount of the Delayed Draw Term A Commitment of such Lender (the “Delayed Draw Term A Ticking Fee”) during the period from and including the date that is 61 days after November 23, 2015 until the termination in full of the Lenders’ Delayed Draw Term A Commitments, and shall be payable quarterly in arrears on the last Business Day of each March, June, September and December, during such period and upon the termination in full of such Lenders’ Delayed Draw Term A Commitments. The Delayed Draw Term A Ticking Fee shall be subject to change after the financial statements described in Section 6.1(i) or (ii) have been delivered for the first full fiscal quarter after the Execution Date as set forth in the definition of Applicable Margin. (c) The Company agrees to pay to the Administrative Agent and the Arrangers such other fees as separately agreed to in writing by the Company and such Persons and/or their applicable Affiliates. (d) The Company agrees to pay to the Administrative Agent, for the account of the Term A-1 Lenders, the fees described in this clause to the extent such fees are applicable (as so described). In the event of a waiver of a Financial Covenant Default or amendment of Sections 6.22 and/or 6.23 and/or related definitions by the Required TLA/RC Lenders during the Covenant Holiday Period in connection with which fees are paid to the Revolving Credit Lenders and Term A Lenders or the all-in-yield of the Revolving Credit Facility or Term Loan A Facility increases (including through the payment of fees or other payment consideration to such Revolving Credit Lenders and Term A Lenders), the Company agrees to pay each Term A-1 Lender a proportional amount of such fees and yield increases. (e) The Company agrees to pay or cause to be paid to the Initial TLA-1 Principal Lenders the fees described in the Term A-1 Commitment Letter.

Appears in 1 contract

Samples: Credit Agreement (DIEBOLD NIXDORF, Inc)

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