Common use of Compensation for Facility Letters of Credit Clause in Contracts

Compensation for Facility Letters of Credit. (a) The Borrower agrees to pay to the Agent, in the case of the issuance of each Facility Letter of Credit, the Facility Letter of Credit Fee therefor, payable in quarterly installments in advance on the Issuance Date (which installment shall be a pro rata portion of the annual Facility Letter of Credit Fee for the period commencing on the Issuance Date and ending on the last day of the calendar quarter in which the Issuance Date occurs) and on the first day of each calendar quarter after the Issuance Date (which installment shall be a pro rata portion of the annual Facility Letter of Credit Fee for the quarter in which such payment is due). Facility Letter of Credit Fees shall be calculated, on a pro rata basis for the period to which such payment applies, for actual days that will elapse during such period, on the basis of a 360-day year. The Agent shall promptly remit such Facility Letter of Credit Fees, when paid, to the Banks ratably. (b) The Borrower shall also pay to the applicable Issuing Bank, solely for its own account, a fee with respect to each Facility Letter of Credit issued by such Issuing Bank in an amount per annum equal to the product of (i) 0.125% per annum and (ii) the face amount of such Facility Letter of Credit, which fee shall be payable in advance on or before the issuance of such Facility Letter of Credit. An Issuing Bank shall also have the right to receive, solely for its own account, its out-of-pocket costs of issuing and servicing Facility Letters of Credit, as the Borrower may agree in writing.

Appears in 3 contracts

Samples: Annual Report, Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc)

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Compensation for Facility Letters of Credit. (a) The Borrower agrees to pay to the Agent, in the case of the issuance of each outstanding Facility Letter of Credit, the Facility Letter of Credit Fee therefor, payable in quarterly monthly installments in advance on the Issuance Date (which installment shall be a pro rata portion of the annual Facility Letter of Credit Fee for the period commencing on the Issuance Date and ending on the last day of preceding the calendar quarter in which Payment Date next following the Issuance Date occursDate) and on the first day of each calendar quarter Payment Date after the Issuance Date (which installment shall be a pro rata portion of the annual Facility Letter of Credit Fee for the quarter month in which such payment is duePayment Date occurs). Facility Letter of Credit Fees shall be calculated, on a pro rata basis for the period to which such payment applies, for actual days that will elapse during such period, on the basis of a 360-day year. The Agent shall promptly remit such Facility Letter of Credit Fees, when paid, to the Banks ratablyLenders (ratably in the proportion that each Lender's Commitment bears to the Aggregate Commitment). (b) The Borrower An Issuing Bank shall also pay have the right to the applicable Issuing Bank, receive solely for its own account, a account an issuance fee with respect to in the amount of 0.25% (per annum) of the face amount of each Facility Letter of Credit issued by it, payable quarterly in advance on the Issuance Date and on the first day of each calendar quarter thereafter and such other amounts as the Borrower may agree, in writing, to pay to such Issuing Bank in an amount per annum equal to the product of (i) 0.125% per annum and (ii) the face amount of for such Facility Letter of Credit, which fee shall be payable in advance on or before the issuance of such Facility Letter of Credit. An Issuing Bank shall also have the right to receive, solely for its own account, its Bank's out-of-pocket costs of issuing and servicing Facility Letters of Credit, as the Borrower may agree in writing.

Appears in 2 contracts

Samples: Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/)

Compensation for Facility Letters of Credit. (a) The Borrower agrees to pay to the Agent, in the case of the issuance of each Facility Letter of Credit, the Facility Letter of Credit Fee therefor, payable in quarterly installments in advance arrears on the Issuance each Quarterly Payment Date following any calendar quarter during all or any part of which such Facility Letter of Credit was outstanding (which installment payment shall be a pro rata portion of the annual Facility Letter of Credit Fee for the period commencing on the Issuance Date and ending on the last day of the such preceding calendar quarter in which the Issuance Date occursquarter) and on the first day of each calendar quarter after the Issuance Termination Date (which installment payment shall be a pro rata portion in the amount of the annual all accrued and unpaid Facility Letter of Credit Fee for the quarter in which such payment is dueFees). Facility Letter of Credit Fees shall be calculated, on a pro rata basis for the period to which such payment applies, for actual days that will elapse on which such Facility Letter of Credit was outstanding during such period, on the basis of a 360-day year. The Agent shall promptly remit such Facility Letter of Credit Fees, when paid, as follows: (i) to the Banks ratably. (b) The Borrower shall also pay to the applicable each Issuing Bank, solely for its own account, a fee with respect to each Facility Letter of Credit issued by such Issuing Bank in Bank, an amount per annum equal to the product of (iA) 0.125% per annum and (iiB) the face amount of such Facility Letter of CreditCredit and (ii) to all Banks, which fee shall be payable in advance on or before ratably, the issuance balance of such Facility Letter of CreditCredit Fees. Facility Letters of Credit Fees shall be payable hereunder with respect to the Existing Letters of Credit from and after the date hereof. (b) An Issuing Bank shall also have the right to receive, solely for its own account, its out-of-pocket costs of issuing and servicing Facility Letters of Credit, as the Borrower may agree in writing.

Appears in 1 contract

Samples: Credit Agreement (Beazer Homes Usa Inc)

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Compensation for Facility Letters of Credit. (a) The Borrower agrees to pay to the Agent, in the case of the issuance of each Facility Letter of Credit, the Facility Letter of Credit Fee therefor, payable in quarterly installments in advance on the Issuance Date (which installment shall be a pro rata portion of the annual Facility Letter of Credit Fee for the period commencing on the Issuance Date and ending on the last day of the calendar quarter in which the Issuance Date occurs) and on the first day of each calendar quarter after the Issuance Date (which installment shall be a pro rata portion of the annual Facility Letter of Credit Fee for the quarter in which such payment is due). Facility Letter of Credit Fees shall be calculated, on a pro rata basis for the period to which such payment applies, for actual days that will elapse during such period, on the basis of a 360-day year. The Agent shall promptly remit such Facility Letter of Credit Fees, when paid, to the Banks ratably. (b) The Borrower shall also pay to the applicable Issuing Bank, solely for its own account, a fee with respect to each Facility Letter of Credit issued by such Issuing Bank in an amount per annum equal to the product of (i) 0.125% per annum and (ii) the face amount of such Facility Letter of Credit, which fee shall be payable in advance on or before the issuance of such Facility Letter of Credit. An The Issuing Bank shall also have the right to receive, solely for its own account, its out-of-pocket costs of issuing and servicing Facility Letters of Credit, as the Borrower may agree in writing.

Appears in 1 contract

Samples: Credit Agreement (Beazer Homes Usa Inc)

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